2024

Annual Security Report & Drug
and Alcohol Abuse Prevention
Program / Fire Safety Report
LOCATION: Surprise, Arizona

Annual Security Report
INTRODUCTION
For further information on notice of non-discrimination, please contact:

Ottawa University was founded in 1865 after receiving a 20,000-acre land
grant of Kansas prairie from the Ottawa Indians in recognition of the service
provided by early Baptist missionaries. Ottawa University continues to serveon the frontier of learning through innovative, high-quality, personalized
programs of study.

U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
FAX: 303-844-4303
TDD: 800-877-8339
Email: OCR.Denver@ed.gov

Ottawa University is a comprehensive, not-for-profit coeducational institutionaffiliated with the American Baptist Churches USA. Ottawa’s educational
mission brings together residential campuses in Ottawa, Kansas and Surprise, Arizona; and adult campuses in Overland Park, Kansas; Surprise,
Arizona; Brookfield, Wisconsin; as well as online.
Ottawa University is committed to providing a safe and secure environment
for students, faculty, staff and guests to all its campuses.

CAMPUS SAFETY AND SECURITY
Ottawa University is committed to providing student, faculty, staff, andvisitors with as safe and enjoyable a college experience as possible. Yoursafety is a joint effort between students, faculty, staff, local police and/or
on-site security, and you. This document includes important security information that will help promote your safety while attending or visiting Ottawa
University.

The Annual Security Report (“ASR” or “Report”) is prepared each year by the
Associate Vice Chancellor of Compliance and his or her designees, working
in collaboration with local security officials and local police as necessary. The
Associate Vice Chancellor of Compliance, working with the designees fromeach University Campus, also prepares the statistics for the annual disclosure of crime statistics, including identifying reported Clery-covered crimes
and making a good faith effort to obtain crime statistics from local law enforcement agencies. The statistics include certain categories of crimes that
occurred on campus, in or on noncampus buildings or property, and crimes
that occurred on public property adjacent to and accessible from campus
and were reported to a campus security authority or local police agencies
in the three previous calendar years. This Report is available free of charge
on the Ottawa University website (www.ottawa.edu), and by request at yourcampus location. Notice of the report is sent to all students, faculty and staff
via email. All students, faculty and staff also have access to the report on
their MyOttawa page.

Ottawa University requires all students, faculty and staff to accurately and promptly report all incidents involving criminal activity and/or emergencies to campus security authorities and appropriate law
enforcement agencies immediately, including when the victim of acrime elects to, or is unable to, make such a report themselves. This
campus does not have any official off-campus student organizations.

TIMELY WARNING
Under the Clery Act (20 U.S.C. § 1092) and its implementing regulations, Ottawa University is responsible for issuing a “timely warning” if certain Clery
Act crimes have been reported to campus security authorities or local police
agencies that occurred on Ottawa University’s campus or covered public
property and Ottawa University determines there is a serious or continuing
threat to students or employees.

MISSION STATEMENT
Building on its foundation as a Christ-inspired community of grace and open
inquiry, Ottawa University prepares professional and liberal arts graduates
for lifetimes of personal significance, vocational fulfillment, and service to
God and humanity.

At the Ottawa University Surprise (OUAZ) campus, the decision to issue analert and the writing of the notice will be made by the Campus President, in
consultation with any necessary campus administration. The alert may be
distributed by blast email or text message to all students and employees.
Alerts may be posted by administration in each campus building, on the
Ottawa website and also by distributing bulletins and flyers to the University
community. The method of distribution is dependent on the nature of theincident and the threat to the community. The timely warning will withhold
the names and other identifying information of the victims as confidential.

NON-DISCRIMINATION POLICY
Ottawa University is committed to equal opportunities for all members of
the community and does not unlawfully discriminate in the recruitment or
treatment of persons in any program on the basis of race, age, sex, gender,color, religion, disability, national origin, sexual orientation, ethnicity, family
and marital status, genetic information or any other characteristic prohibitedby law.

REPORTING

The following person has been designated to handle inquiries regarding thenon-discrimination policies:

Emergencies and Crimes in ProgressEmergencies, crimes in progress and serious crimes which have just occurred, should be reported by calling local law enforcement at 9-1-1 should
connect you with the local law enforcement. Advise them of your location.
Several "bluelight" emergency call phones are located throughout campus,
which will call law enforcement directly.

Carrie Stevens
Associate Vice Chancellor of Compliance/Title IX Coordinator/ADA Coordinator

1001 South Cedar Street
Ottawa, KS 66067
Phone: 785-248-2326
Email: carrie.stevens@ottawa.edu

Crime or Non-emergency to Ottawa University
To report a crime or non-emergency to Ottawa University Arizona (OUAZ —Surprise, Arizona) staff, campus security at 623-596-1666; Sarah Eberle,3Dean of Student Affairs at 623-233-7611 or 602-758-0065; Carrie Stevens,
Associate Vice Chancellor of Compliance and University Title IX Coordinatorat 785-248-2326; or Alex Blaser, Deputy Title IX Coordinator – OUAZ at
623-233-7564. If warranted, these reports may be considered for a timely
warning alert to be sent.

law enforcement agency was the entity that made the determination thatthe student is missing.

EMERGENCY RESPONSE
AND EVACUATION PROCEDURES

Confidential Reporting
At the Surprise Campus, all employees are mandatory reporters (i.e., aremandated to report crimes to their supervisors and/or the Title IX Coordinator with the exception of the following three confidential procedures/people):•

You may contact the Campus Counselor, Ralitsa Wierson, at 623233-7571, for information on counseling, resources, and further
information on reporting crimes on a confidential basis.

•

Crimes may be reported on a voluntary, confidential basis for inclusion in the Annual Security Report by filing a confidential incident
report through the University Reporting Hotline at 844-719-2846 or
online at www.ottawa.ethicspoint.com.

•

The University Chaplain, Dr. John Holzhuter may also be contacted
for pastoral services, information on counseling, and further information on reporting crimes on a confidential basis at 785-2482334.

Ottawa University staff are committed to ensuring that the campus community receives timely, accurate and useful information in the event of a significant emergency or dangerous situation on campus, or in the local area thatposes an immediate threat to the safety and well-being of the campus community. The information may be obtained from a variety of sources including
campus employees, other governmental agencies and even broadcast news.
Generally, a University or campus executive becomes aware of situations
that pose a threat to some or all of the campus community. This information
may be obtained from a variety of sources including eyewitnesses, news
sources, law enforcement, campus employees, students, governmental
agencies, or social media. The executive administration designees will confirm that there is a dangerous situation and will contact the local designee
and/or local law enforcement when appropriate.
If time permits, the University will consult with the law enforcement or designee, and other authorized University officials about issuing an emergency
notification. If time is critical, the notification may be issued immediately. If
it is determined that notification will compromise efforts to assist the victim
or mitigate the emergency, OU administration may elect to delay issuing the
emergency notification. As soon as the condition that compromised notification efforts is no longer present, the University will issue the notification.
If time permits, the University administration, along with law enforcement
or designee and University administration will determine what segment of
the campus community will receive the emergency notification. Dependingon the nature of the emergency, it may also become necessary to notify
the local community of the emergency. If this is necessary, notification will
be made to the local Police/Fire Departments. The office responsible for
issuing the emergency notification will, in concert with law enforcement,
University administration, University marketing and communications, andpossibly local first responders, determine the content of the notificationand provide specific safety instructions. The notification may be distributed
to the campus community through the campus emergency alert system(Omnilert), email, text message system, the University website, emergency
bulletins and local news broadcasts, and social media. It is critically important that students and employees sign up for the Omnilert emergency alert
system on the MyOttawa portal and provide a current cell phone number inorder to receive emergency text messages. As more information about the
emergency becomes available, follow up broadcasts will be made using thesame notification systems.

MISSING STUDENT POLICY
Ottawa University takes student safety seriously. The following policy andprocedure has been established to assist in locating students living in
University-sponsored and owned housing who, based on facts and circumstances, are reported to be missing. Anyone who believes a student to be
missing based on changes in their usual routine should notify the Dean ofStudent Affairs at their campus or the Campus President.
You may contact the appropriate party as follows:
Dean of Student Affairs (OUAZ) Sarah Eberle
Campus President Dennis Tyner

623-233-7611
623-233-7549

For purposes of this policy, a student is determined to be missing when for
more than 24 hours, without any known reason, that the reported information is credible, and that circumstances warrant declaring the person missing. Each and every report will be investigated once it has been determinedthat the student is missing.
Nothing in this policy/protocol is intended to preclude Ottawa University fromdetermining that a student is missing before the student has been missing
for a full 24 hours or initiating notification procedures as soon as it determines that the student is missing.

CAMPUS ALERT/OTTAWA UNIVERSITY ALERT
Ottawa University Alert is Ottawa University’s contract (Omnilert) text messaging system. It is capable of sending emergency notifications instantly
and simultaneously to all registered cell phone, smart phones, and personal
email addresses. Examples of emergency messages include severe weather
warnings, campus closings, and campus emergencies.

CONFIDENTIAL CONTACT
A student who wishes to identify a confidential contact may do so throughthe Office of Student Affairs. Students shall be given the opportunity toregister confidential contact information by completing and submitting theStudent Confidential Contact Form when completing the on-campus or commuter application via the housing portal website. A student’s confidential
contact information shall be accessible only by authorized campus officials
and will not be disclosed except to law enforcement in connection with a
missing person investigation. Upon a determination that a student is missing
this confidential contact person will be notified.

To sign-up for the Ottawa University Alert:
1. Have your cell phone with you and turned on
2. Go to MyOttawa page(https://myottawa.ottawa.edu/ics/)
3. Login to your MyOttawa account using your username and password.

NOTICE TO CUSTODIAL PARENT

4. On the landing page, you will see a box called “Get the Message”

If the student who has been determined to be missing is under 18 years ofage and not emancipated, Ottawa University will notify a custodial parent(s)or guardian(s) within 24 hours of determining that the student is missing,in addition to notifying the confidential contact person designated by thestudent. Ottawa University will notify the local law enforcement agency within
24 hours of the determination that the student is missing, unless the local

5. Select the link to Create Account
6. Complete the Registration
7. Wait for the validation code to be sent to your cell phone
8. Enter the validation code4

9. Make note of your username and password so you may makechanges and updates to your account in the future•

If you are in a room where a fire starts, leave and close the door toconfine the blaze to that room as long as possible. Do not lock thedoor.

Once you have completed registration and validated your cell phone, you
may log into your personal Ottawa University Alerts account to add additional
services, such as an email address, to the system. You may register up to twoemail addresses and two SMS/text-messaging devices. Just go back to the“OU” box and choose “Login Now!”
All email addresses and phone numbers entered into Ottawa University
Alerts are confidential. Ottawa University Alerts will only send messages you
request. The campus community will be notified via email before any Ottawa
University Alerts test messages are sent. Ottawa University Alerts can only
contact registered users.

•

Plan ahead–think about how you would exit from different areas ofyour building.

•

If an alarm is sounded, feel your door before you open it. If it ishot, do not open the door. Seal crack around the door with tape,clothes, sheets, etc. Signal rescuers by waving a sheet or clothingout the window. Finally, never jump from the window.

In Case of Fire:

INFECTIOUS DISEASE SAFETY MEASURESThe University takes proactive steps to protect all campuses in the event of
an infectious disease outbreak. To help prevent such outbreaks and lessen
the effects when such may occur, the University may take measures such as
requiring social distancing where practical, providing enhanced and more
frequent cleaning in high-traffic areas, encouraging virtual meetings/classes
when possible and practical, providing masks, and provide an on-campus
nurse to assist when symptoms are present.

•

Stay calm.

•

Close windows.

•

Check door for heat before opening.

•

If hallway is safe, leave by the nearest exit.

•

Pound on doors as you exit building.

•

Pull nearest alarm if not already sounded.

Personal Security:

DRILLS

Ottawa University attempts to provide a safe living and learning environment.
However, your personal security relies on you. Listed below are a few guidelines that will also help you and your belongings remain safe:

The purpose of evacuation drills is to prepare building occupants for an organized evacuation in case of an emergency. At Ottawa University, evacuation
drills may be announced or unannounced, and are used as a way to educate
and train occupants on issues specific to their building.
During the drill, occupants ‘practice’ drill procedures and familiarize themselves with the location of exits and the sound of the fire alarm. In addition
to educating occupants of each building about the evacuation procedures
during the drills, the process also provides the University an opportunity totest the operation of fire alarm system components.
At the Surprise, Arizona, campus, the Office of Student Affairs is conjunction
with the Campus Safety and Security Office is responsible for planning all
drills and will publicize its emergency response procedures in conjunction
with at least one test per calendar year. The Director of Campus Safety andSecurity (or designee) documents for each test:•••

Do not take any chances with fire because even a small one canget out of control. If the fire cannot be extinguished with available
equipment, activate the nearest fire alarm and immediately report
all fires.

Mark your personal property and keep a list of serial numbers,
model numbers and approximate value of your belongings.

•

Do not prop exit doors open.

•

When walking at night, walk in groups.

•

Report all incidences (suspicious persons, etc.).

Providing for the safety and well-being of members of the Ottawa University
community is a responsibility of campus security personnel. Campus security
officers at Ottawa University are not official law enforcement officers anddo not have powers of arrest. The officers patrol campus on foot, as well as
in University vehicles. OU security officers will contact the City of Surprise
Police Department when local, state or federal regulations are violated orwhen their assistance is appropriate. Campus security officers and services
are available 24-hours per day, seven days per week, 365 days per year.
In addition, campus security personnel provide safety/security coveragefor sporting events, concerts, and other special events. During duty hours,
they check all buildings by foot or by vehicle. Campus security personnel
are equipped with cell phones so they can respond to emergencies. In an
emergency situation, call 9-1-1 (from a campus phone) or 9-1-1 from a cell/
non-campus phone to connect with the local dispatcher or campus security
on-call phone at 623-546-1666. Be sure to tell them your location.

General Precautions:••

SECURITY AND ACCESS TO CAMPUS
BUILDINGS AND GROUNDSFIRE SAFETY STANDARDSThe greatest danger in buildings is not from flames but from smokeand heat. Therefore, fire doors in halls and stairwells must be kept
closed at all times.

Never leave valuables in plain view.

During lightning storms, stay indoors, away from electrical appliances including the telephone. If caught outside, stay away from water, heavy machinery,and small metal vehicles. Avoid natural conductors such as lone trees, anddiscard metal objects such as golf clubs or umbrellas. Also avoid high groundas people can become a lightning rod.

EMERGENCY PROTOCOLS••STORM PROCEDURES

Evacuation drills are also monitored to evaluate egress and behavioral patterns. Reports are prepared by participating departments which identify deficient equipment so that repairs can be made immediately. Recommendations for improvements are also submitted to the appropriate departments/
offices for consideration.

Know the location of all fire exits, fire alarms and fire extinguishers
on your floor.

Always carry keys with you.

Severe weather in the form of high winds, hail and rain are more likely to occur in Arizona from the months of June through September. In many cases,
the severe weather can lead to thunderstorms, heavy rain, lightning, hail,high winds, flash flooding, dust storms and extreme heat.

a description of the exercise;the date and time; andwhether it was announced or unannounced.

•

•

5

SECURITY

Campus security is charged by the Ottawa University administration with enforcing policies and regulations, as well as cooperating with state and local
law enforcement. Ottawa University also provides full time professional on
call residential life staff 24 hours a day, 7 days a week, and 365 days a year.
The emergency on-call number for Scholars Hall and Veritas Hall is 623-2354607. Security provides an escort service within the campus grounds. To use
this service, students should contact security at 623-546-1666 at least 30
minutes before they need to be escorted. Campus security is available 24
hours a day, 7 days a week.

Depending on the facility, security measures include, but are not limited to,regular patrolling, security cameras, 24-hour locked facilities, access limited
through key/card by residents, visitor hour and over-night stay regulations/enforcement, and alarmed exit doors.
Students also play an important role in the security of residential facilities.
To ensure safety, students are not permitted to provide the use of their card/
key to others, are not to prop open doors, and should enter and exit throughmarked entrances and exits only.

Ottawa University facilities are strictly for the use of OU students, faculty,
staff and the guests of OU, though it is accessible to the general publicduring regular business hours. The campus is considered closed from 7:00
p.m. until 7:00 a.m., Monday through Friday and all day on weekends andholidays, unless otherwise posted. Most campus buildings and facilities areopen to the public during the day and evening hours, when classes are insession and events are occurring. At other times, campus buildings are generally locked and only faculty, staff and authorized individuals are admitted.

CAMPUS SAFETY AND
CRIME PREVENTION PROGRAMS
Ottawa University encourages students and employees to be responsible
for their own security and the security of others. The University also informs
students and employees about the prevention of crimes. The campus emergency notification system (Omnilert), policies pertaining to on campus safety
and procedures for reporting incidents are all discussed during an in-person
new student orientation. Local police and outside groups provide programs
covering topics such as personal safety awareness, sexual assault prevention and resources, active shooter simulation training, alcohol and drug education, and self-defense. Informational reminders regarding campus safety
and security is sent through the University email system, posted on the video
boards, alerts, newsletters, and posted on MyOttawa.

Security escorts unauthorized individuals off campus, and these individuals
may face criminal action. Security also escorts OU students, faculty, staff orguests who are found in unauthorized locations out of that location. If students need access to a facility, arrangements must be made in advance with
the Office of the Chief Administrative Officer to gain proper authorization.
The Office of the Chief Administrative Officer coordinates the maintenanceof the University’s buildings and grounds with contracted vendors. Alongwith a committee, they routinely inspect the facilities and make the necessary repairs. Other members of the campus community should promptly
report hazardous or unsafe conditions to either the Office of Student Affairs
or facilities.

Ottawa University, through various departments and organizations, provides
programs related to public safety. Upon request, campus security personnel
will provide escort services across campus. Residential life staff, University
organizations, local police and outside groups provide programs covering
topics such as personal safety awareness, sexual assault prevention andresources, alcohol and other drug education, and self-defense. Some of the
major programs are as follow:

Security officers are responsible for:• promoting a safe environment on campus,•• upholding all University rules and regulations,

Active Shooter Training♦• locking and unlocking buildings as directed,• maintaining contact with the residential hall staff,•• providing escort service, and• contacting after-hours maintenance personnel.

ACCESS AND SECURITY IN
RESIDENTIAL AREAS
Residents are an integral part of the security of the residential facilities at Ottawa University, and are directed to report criminal or policy-violating activities to their residential life staff, Security or to the Office of Student Affairs.
Emergency numbers are provided to residents via the Student Handbook
and posted in the residential facilities.

RESIDENCE LIFE STAFFING•

The residential facilities are staffed by professional and paraprofessional
staff. Professional staff members include, the Graduate Assistants for
Residential Life (reside in Scholar Hall or Veritas Hall). They are available
24 hours a day and serve to provide campus residents with information andsupport regarding campus policies and procedures. Paraprofessional staff
members, which are trained by the professional staff members, include resident assistants (RA). They have the authority to enforce campus proceduresand practices.

•

ACCESS

Alcohol and Other Drug Awareness.
♦

New Student Orientation provides information related to alcoholand the effects of alcohol on personal and educational endeavors.

♦

Alcohol Awareness Week. The Office of Student Affairs offers an
alcohol education and prevention week with various activities
and presenters.

♦

Student activities office offers a wide range of alcohol and drugfree events available to all students on and off campus.

♦

Ottawa University has a comprehensive Alcohol and Other Drugpolicy that works to provide educational sanctions to students
who use alcohol and other drugs on and off campus.

By-stander Intervention Training.
♦

Ottawa University has trained personnel in bystander intervention. The curriculum adopted at Ottawa University is the StepUp!
Program developed and implemented by The University of Arizona and the NCAA.

♦New Student Orientation provided a speaker to discuss thebenefits of by-stander intervention.

Self defense♦

The residential facilities are locked 24 hours a day. In Scholars Hall and Veritas Hall, each resident is issued a card/key for building access and a card/
key for their individual suite/room. Students are responsible for upholding
the integrity of the residential facility's security system by not permitting useof their cards and/or keys to others.

•

6Interactive and educational training is provided by the Surprise
Police Department.

Self-defense programs are offered at various times during theyear.

Sexual assault awareness♦

New Student Orientation offers sexual assault related program•

OUAZ Campus Security
Please note that security can coordinate with our residence life staff
as needed.
623-596-1666•

OUAZ Website Resources
www.ottawa.edu/ouaz/student-services/counseling-services

new first year students are mandated to attend.
♦

The OU Title IX Coordinator provides information on the Univerity's policies, procedures and consent.

The Office of Student Affairs, in conjunction with the Surprise Police Department, also conducts programs throughout the year to inform students and employees of safety and security policies, procedures, andpractices. Additional crime prevention presentations are available byspecial request. Some of the presentations that are available are:•

Personal Safety•

Workplace Violence•

Drinking and Driving

STATE OF ARIZONA SEX OFFENDERREGISTRY
Ottawa University complies with all state and federal laws regarding sex offender registry. When the Dean of Student Affairs is informed that a student
is listed on the Arizona Department of Public Safety's State Sex Offender
Registry, Ottawa University reserves the right to take immediate action including but not limited to not permitting a student to enroll at the University,
suspend or dismiss the student if the student is deemed to pose a significant
risk to the health, safety, and/or welfare of the community or to any person.

COUNSELING SERVICES AND RESOURCES

The Arizona Department of Public Safety has established this website tofacilitate public access to information about persons who have been convicted of certain sex and violent offenses, as set forth in the Arizona Offender
Registration Act (ARS 13-3827 et seq.).

ON CAMPUS COUNSELING RESOURCES
Ottawa University Arizona has a mental health counselor on site. The
counselor is located in the O'Dell Center, Recreation and Fitness area, Off#175. To schedule an appointment, click on this Appointment Scheduling
Link at https://outlook.office365.com/owa/calendar/OUAZCounselingAppointmentonlinescheduling@ottawauniversity.onmicrosoft.com/bookings/.

Any person who uses information obtained through this website to threaten,
intimidate, or harass another, or who otherwise misuses the information,
may be subject to criminal prosecution and/or civil liability.

COUNSELING ONLINE RESOURCES
To provide a convenient information and self-evaluation source for students
to explore in the privacy of their choosing, Ottawa University Counseling Services has affiliated with the following not-for-profit organizations to provide
accurate and direct information about mental health and substance use
issues.

2-1-1 Arizona
2-1-1 Arizona connects you with thousands of nonprofit and government services in your area. If you want personal assistance, call thethree-digit number 2-1-1 or go online at https://211arizona.org/.
This service is available 24/7. If you are in crisis, dial 800-631-1314.
If you are in an emergency, dial 9-1-1.

•

College Confidential
Articles and discussion forums around all college related topics
www.collegeconfidential.com•

Crisis Text Line
Text "Home" to 988 for free 24/7 confidential support in the US.

•

The Jed Foundation
Working to reduce emotional distress and prevent suicide amongcollege students, The Jed Foundation is recognized as the nation’s
leading organization working to reduce emotional distress andprevent suicide among college students. Guided by leading experts,
The Jed Foundation is changing the way students and their parents
think about mental health, paving the way for more young people toget treatment and helping colleges create safer, healthier campus
communities.” (Jed Foundation website): www.jedfoundation. org/•

NAMI
National Alliance on Mental Illness: Awareness, education, andadvocacy for individuals and families affected by mental illness
www.nami.org•

National Suicide Hotline — Call or Text 988
Call or text 988 if you are having suicidal thoughts or are in acrisis. For FAQs on this service, read here: www.samhsa.gov/findhelp/988/faqs#about-988.

Arizona Registered Offenders Search: https://www.azdps.gov/services/public/offender•

National Sex Offender Search: http://www.nsopw.gov/Core/Conditions.aspx?Aspx AutoDetectCookieSupport=1

DAILY CRIME LOG

Resources available••

A daily crime log documenting reported crimes that occurred on campus, inor on non-campus buildings or property, and crimes that occurred on public
property adjacent to and accessible from campus and is kept in accordancewith the Higher Education Opportunity Act (Clery Act). The logs contain thedate and time the crime was reported. The logs may be requested by emailing compliance@ottawa.edu.

78Sexual Misconduct Policy
TITLE IX POLICY AND PROCEDURE

Title IX Designee for Brookfield, Wisconsin campus:
Brian Patterson
Director of Wisconsin Campus Operations
Ottawa University
245 S. Executive Dr., Suite 340
Brookfield, WI 53005
Direct line: 262-785-5106
E-mail: brian.patterson@ottawa.edu
https://www.ottawa.edu/sexual-harassment

PURPOSE
Ottawa University (“OU”) is committed to providing an educational andemployment environment that is free from sex discrimination, sex-based harassment, and retaliation for engaging in protected activity. As such, OU has
implemented the Title IX policy to address sexual discrimination, sex-basedharassment, and retaliation (hereinafter, “the Policy”)
OU values and upholds the equal dignity of all members of its communityand strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.

The Title IX Resolution Team/PoolTo ensure compliance with federal, state, and local sex discrimination laws
and regulations, and to affirm its commitment to promoting the goals offairness and equity in all aspects of the education program or activity, OU
has developed policies and procedures that provide for prompt, fair, andimpartial resolution of allegations of sex discrimination, sex-based harassment, or retaliation.

The Title IX Coordinator, in consultation with the Associate Vice Chancellorof Human Resources, appoints the Pool, which acts with independence andimpartiality. Although members of the Pool are typically trained in a variety
of skill sets and can rotate amongst the different roles (see Section 12), OU
can also designate permanent roles for individuals in the Pool.
The Title IX Coordinator is located on the OUKS campus in Ottawa, Kansas.
This person is responsible for providing comprehensive sex discrimination
education and training; coordinating the OU’s timely, thorough, and fair
response, investigation, and resolution of all alleged prohibited conduct
under this Policy; and monitoring the effectiveness of this Policy and related
procedures to ensure an education and employment environment free fromsex discrimination, sex-based harassment, and retaliation.

Please see Appendix A for definitions of words used in this Policy.

NOTICE OF NONDISCRIMINATIONOU seeks to comply with all federal, state, and local laws, regulations, andordinances prohibiting sex discrimination in public post-secondary education
institutions.
OU does not discriminate against any employee, applicant for employment,
student, or applicant for admission on the basis of actual or perceived sex.

The Deputy Title IX Coordinator is located on the OUAZ campus in Surprise,
Arizona and acts as a local liaison for OUAZ community members and the
Title IX Coordinator. This person may take complaints, conduct preliminaryinterviews, assist in interim measures, and assist the Title IX Coordinator in
their duties.

This Policy covers sex discrimination in both employment and access to educational opportunities. Therefore, any member of the OU community whose
acts deny, deprive, unreasonably interfere with or limit the education or employment, residential, and/or social access, benefits, and/or opportunities
of any member of the OU community, guest, or visitor on the basis of that
person’s actual or perceived sex, is in violation of this Policy.

Complaints originating at the Brookfield, Wisconsin campus may be directed to the contact listed above. This designee will take complaints andcoordinate communication between the reporting party and the Title IX
Coordinator.

OU will promptly and effectively address any such discrimination of which it
has Knowledge/Notice using the resolution process in the Sex Discrimination, Sex-Based Harassment, and Retaliation Procedures.

OU recognizes that allegations under this Policy may include multiple forms
of sex discrimination and sex-based harassment, as well as violations ofother OU policies; may involve various combinations of students, employees,
and other members of the OU community; and may require the simultaneous attention of multiple OU departments. Accordingly, all OU departments
will share information, combine efforts, and otherwise collaborate, to the
maximum extent permitted by law and consistent with other applicable OU
policies, to provide uniform, consistent, efficient, and effective responses toalleged sex discrimination, sex-based harassment, or retaliation.

TITLE IX TEAM CONTACTSOU has appointed the Title IX Coordinator to coordinate the OU’s compliancewith federal, state, and local sex discrimination laws and ordinances. The
Title IX Coordinator works closely with the Deputy Title IX Coordinator to receive and review complaints that occur on the Surprise, Arizona campus. Anyreferences to “Title IX Coordinator” include the Deputy Title IX Coordinator
unless stated otherwise. Complaints received at the Brookfield, Wisconsin
campus may be received by the Title IX designee at that campus.

EXTERNAL CONTACT INFORMATION

Title IX Coordinator
Carrie Stevens
Associate Vice Chancellor of Compliance & Title IX Coordinator
1001 S. Cedar Street, Ottawa, KS 66046
Direct line: 785-248-2326
Email: Carrie.stevens@ottawa.edu
https://www.ottawa.edu/sexual-harassment

Concerns about the OU application of this Policy and compliance with Title IXof the Education Amendments of 1972 may also be addressed to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: (800) 421-3481
Facsimile: (202) 453-6012
TDD: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Deputy TIX Coordinator
Chet Keizer
Director, Adawe LifePlan Center
The Union, 2nd Floor
15950 North Civic Center Plaza, Surprise, AZ 85374
Direct line: 623-426-3549
Email: Chet.keizer@ottawa.edu
https://www.ottawa.edu/sexual-harassment
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Denver Office
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4303
Email: OCR.Denver@ed.gov

If a Complainant would like the details of an incident to be kept confidential,
the Complainant may speak with the following Confidential Employees:

Confidential Employees••••

For Complaints involving employee-on-employee conduct (EEOC)ARIZONA
Phoenix District Office, EEOC
3300 North Central Avenue
Suite 690
Phoenix, AZ 85012-2504Telephone: 800-669-4000
Website: https://www.eeoc.gov/

OUAZ: Campus Pastor Alan Boelter, 623-233- 7571; alan.boelter@ottawa.edu),
University Chaplain John Holzhuter, john.holzhuter@ottawa.edu
On-campus health service providers and staff (Athletic Training staff)
Residential students, please see Student Affairs for information on
counseling options

Off-campus Confidential Resources•

Please contact Student Affairs for information on counseling options

Failure of a Mandated Reporter, as described above in this section, to reportan incident of sex discrimination, sex-based harassment, or retaliation ofwhich they become aware is a violation of OU Policy and can be subject todisciplinary action for failure to comply/failure to report. This also includes
situations when a harasser is a Mandated Reporter. Such individuals are
obligated to report their own misconduct, and failure to do so is a chargeable
offense under this Policy.

WISCONSIN
Milwaukee Area Office, EEOC
Reuss Federal Plaza
310 West Wisconsin Avenue, Suite 500
Milwaukee, WI 53203
Telephone 414-662-3680
Website: https://www.eeoc.gov/field-office/milwaukee/location

A Mandated Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report theirown experience, though they are, of course, encouraged to do so.

MANDATED REPORTING AND CONFIDENTIAL EMPLOYEESIn addition, Complainants may speak with individuals unaffiliated with OU
without concern that Policy will require them to disclose information to theinstitution without permission:

All OU faculty and employees (including student-employees), other thanthose deemed Confidential Employees, are Mandated Reporters and are
expected to promptly report all known details of actual or suspected sex
discrimination, sex-based harassment, retaliation, and/or Other Prohibited
Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of suchdisclosures without formal OU action.

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Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be
shared with the Title IX Coordinator.
If a Complainant expects formal action in response to their allegations,
reporting to any Mandated Reporter can connect them with resources toreport alleged crimes and/or Policy violations, and these employees will
immediately pass Notice to the Title IX Coordinator (and/or police, if desiredby the Complainant or required by law), who will act when an incident isreported to them.

Licensed professional counselors and other medical providers
Local rape crisis counselors
Domestic violence resources
Local or state assistance agencies
Clergy/Chaplains
Attorneys
Employees (including Graduate Assistants) may utilize the Employee
Assistance Program (EAP), www.ndbh.com or 800-624-5544; Password
can be obtained through Human Resources. This is confidential and
free.

SCOPE
This Policy is only applicable to alleged incidents that occur on or after
August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place atthe time of the alleged incident apply. Applicable versions of those policies
and procedures are available from the Title IX Coordinator and at https://www.ottawa.edu/sexual-harassment.

The following sections describe the OU’s reporting options for a Complainantor third party (including parents/guardians when appropriate):
Confidential Employees
There are three categories of Confidential Employees: 1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical
professionals, clergy, and mental health counselors; 2) Those whom OU has
specifically designated as Confidential Resources for purposes of providing
support and resources to the Complainant; and 3) Those conducting humansubjects research as part of a study approved by the OU Institutional Review
Board (IRB). For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting,such that they are within the scope of their licensure, professional ethics,
or confidential role at the time of receiving the Notice. These individuals
will maintain confidentiality except in extreme cases of immediacy of threator danger or abuse of a minor, elder, or individual with a disability, or whenrequired to disclose by law or court order.

This Policy applies to all faculty, employees, students, and other individuals
participating in or attempting to participate in the OU’s program or activities,
including education and employment.
This Policy prohibits all forms of sex discrimination, and may be applied toincidents, to patterns, and/or to the institutional culture/climate, all of which
may be addressed in accordance with this Policy.

JURISDICTION
This Policy applies to OU’s education programs and activities (defined asincluding locations, events, or circumstances in which the OU exercises
substantial control over both the Respondent and the context in which theconduct occurred), circumstances where OU has disciplinary authority, andto misconduct occurring within any building owned or controlled by an OUrecognized student organization.

To enable Complainants to access support and resources without filinga Complaint, OU has designated specific employees as Confidential Resources. Those designated by OU as Confidential Resources are not required
to report actual or suspected sex discrimination, sex-based harassment, or
retaliation in a way that identifies the Parties. They will, however, provide theComplainant with the Title IX Coordinator’s contact information and offer
options and resources without any obligation to inform an outside agency or
OU official unless a Complainant has requested the information be shared.

This Policy may also apply to the effects of off-campus misconduct that limit
or deny a person’s access to OU’s education program or activities. OU may
also extend jurisdiction to off-campus and/or to online conduct when the
conduct affects a substantial OU interest.
A substantial OU interest includes:
101) Any action that constitutes a criminal offense as defined by law. This
includes, but is not limited to, single or repeat violations of any local,
state, or federal law.
2) Any situation in which it is determined that OU poses an imminent andserious threat to the health or safety of any student, employee, or otherindividual.
3) Any situation that significantly impinges upon the rights, property,
or achievements of others, significantly breaches the peace, and/or
causes social disorder.
4) Any situation that substantially interferes with OU’s educational interestsor mission.
For disciplinary action to be issued under this Policy, the Respondent must
be an OU faculty member, student, or employee at the time of the alleged
incident. If the Respondent is unknown or is not a member of the OU community, the Title IX Coordinator will offer to assist the Complainant in identifying
appropriate institutional and local resources and support options and will
implement appropriate supportive measures and/or remedial actions (e.g.,
trespassing a person from campus). OU can also assist in contacting local or
institutional law enforcement if the individual would like to file a police reportabout criminal conduct.

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All vendors serving the OU through third-party contracts are subject to thepolicies and procedures of their employers.

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added ascollateral misconduct allegations to an ongoing Complaint under this Policy.

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When a party is participating in a dual enrollment, early college program,or other situation where OU works with another school for enrollment of thestudent, OU will coordinate with the party’s home institution to determine
jurisdiction and coordinate providing supportive measures and responding
to the complaint under the appropriate policy and procedures based on the
allegations and identities of the Parties.

The Parties are provided with a timely opportunity to seek modification orreversal of OU’s decision to provide, deny, modify, or terminate supportive
measures applicable to them. A request to do so should be made in writing
to the Title IX Coordinator. An impartial employee other than the employee
who implemented the supportive measures, who has authority to modify
or reverse the decision, will determine whether to provide, deny, modify, or
terminate the supportive measures if they are inconsistent with the Title IX
regulatory definition of supportive measures. OU will also provide the Parties
with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change.
OU typically renders decisions on supportive measures within seven (7)business days of receiving a request and provides a written determination
to the impacted party(ies) and the Title IX Coordinator.

When the Respondent is enrolled in or employed by another institution, theTitle IX Coordinator can assist the Complainant in contacting the appropriate
individual at that institution, as it may be possible to pursue action underthat institution’s policies.
Similarly, the Title IX Coordinator may be able to assist and support a student
or employee Complainant who experiences sex discrimination or sex-basedharassment in an externship, study abroad program, or other environment
external to OU where sexual harassment or nondiscrimination policies andprocedures of the facilitating or host organization may give the Complainant
recourse. If there are effects of that external conduct that impact a student
or employee’s work or educational environment, those effects can often be
addressed remedially by the Title IX Coordinator if brought to their attention.

ONLINE HARASSMENT AND MISCONDUCTOU policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur
in or have an effect on OU’s education program and activities, or when they
involve the use of OU networks, technology, or equipment.

SUPPORTIVE MEASURES

Although OU may not control websites, social media, and other venues
through which harassing communications are made, when such communications are reported to OU, it will engage in a variety of means to address
and mitigate the effects. These means may include use of the Resolution
Process to address off-campus conduct whose effects contribute to limitingor denying a person access to OU’s education program or activity.

OU will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged sex discrimination, sex-basedharassment, and/or retaliation. Supportive measures are non-disciplinary,
non-punitive individualized services offered as appropriate and reasonably
available. They are offered, without fee or charge to the Parties, to restore orpreserve access to OU’s education program or activity, including measuresdesigned to protect the safety of all Parties and/or OU’s educational environment and/or to deter sex discrimination, sex-based harassment, and/or retaliation.

INCLUSION RELATED TO GENDER IDENTITY/EXPRESSIONOU strives to ensure that all individuals are safe, included, and respected intheir education and employment environments, regardless of their gender
identity or expression, including intersex, nonbinary, transgender, agender,
two-spirit, and gender-diverse students and employees.

The Title IX Coordinator promptly makes supportive measures available to
the Parties upon receiving Notice/Knowledge or a Complaint. At the timethat supportive measures are offered, if a Complaint has not been filed, OU
will inform the Complainant, in writing, that they may file a Complaint with OU
either at that time or in the future. The Title IX Coordinator will work with aparty to ensure that their wishes are considered with respect to any planned
and implemented supportive measures.

Discrimination and harassment on the basis of gender identity or expression
are not tolerated by OU. If a member of the OU community believes they havebeen subjected to discrimination under this Policy, they should follow theappropriate reporting process described herein.

OU will maintain the confidentiality of the supportive measures, provided
that confidentiality does not impair OU’s ability to provide those supportive
measures. OU will act to ensure as minimal an academic/occupational impact on the Parties as possible. OU will implement measures in a way that
does not unreasonably burden any party.

This Policy should be interpreted consistent with the goals of maximizing theinclusion of intersex, transgender, transitioning, agender, nonbinary, andgender-diverse students and employees, including:••

These actions may include, but are not limited to:•••

Visa and immigration assistanceStudent financial aid counseling
Education to the institutional community or community subgroup(s)Altering campus housing assignment(s)Altering work arrangements for employees or student-employees
Safety planning
Providing campus safety escorts
Providing transportation assistance
Implementing contact restrictions (no contact orders) between the Parties
Academic support, extensions of deadlines, or other course/programrelated adjustments
Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
Timely warnings
Class schedule modifications, withdrawals, or leaves of absence
Increased security and monitoring of certain areas of the campus
Any other actions deemed appropriate by the Title IX Coordinator

Referral to counseling, medical, and/or other healthcare services
Referral to the Employee Assistance Program
Referral to community-based service providers•

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Maintaining the privacy of all individuals consistent with law
Ensuring all students have equal access to educational programming,
activities, and facilities.
Ensuring all employees have equal access to employment opportunities
and work, service, or health-related facilities

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Providing professional development for employees and education forstudents on topics related to gender inclusion
Encouraging all students and employees to respect the pronoun usage
and identities of all members of the OU community

orientation, and gender identity; sexual assault, dating violence, domestic
violence, and stalking.
* Throughout this Policy, "on the basis of sex" means conduct that is sexual in nature,or that is directed to the Complainant because of his/her/their actual or perceived sex
or gender identity.

OU uses a number of interventions to address concerns that are raised
related to gender-based harassment or discrimination, including problemsolving, intervention, confrontation, investigation, and Policy enforcement.
When conflicts arise between the right of members of the community to be
free from gender-identity discrimination and those exercising their right toreligious freedom, OU will try to balance rights and interests to find mutuallyagreeable outcomes or compromises. When that is not possible, OU will offer
remedial solutions or enforce its Policies while also respecting the rights ofall members of its community.

Quid Pro Quo

PROHIBITED CONDUCT

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Hostile Environment Harassment

Students and employees are entitled to an educational and employment
environment that is free of sex discrimination, sex-based harassment, andretaliation. This Policy is not meant to inhibit or prohibit educational content
or discussions inside or outside of the classroom that include germane, but
controversial or sensitive, subject matters protected by academic freedom.
The sections below describe the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited
under OU Policy. When speech or conduct is protected by academic freedom
or impedes First Amendment principles, it will not be considered a violationof OU Policy, though supportive measures will be offered to those impacted.

For assistance with Alternative Resolution and other Informal Resolution
techniques and approaches, contact the Title IX Coordinator.

Any of the following offenses can be charged as or combined as pattern
offenses, in which case the Notice of Investigation and Allegation (NOIA)
will clearly indicate that both individual incidents and a pattern of conduct
are being investigated. A pattern may exist and be charged when there isa potential substantial similarity to incidents where the proof of one could
make it more likely that the other(s) occurred, and vice versa. Patterns may
exist based on target selection, similarity of offense, or other factors. Wherea pattern is found, it can be the basis to enhance sanctions, accordingly.

Sexual Assault*

Rape
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Sex Discrimination
Sex discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole orin part, upon the person’s actual or perceived sex.

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Disparate Treatment Discrimination
Any intentional differential treatment of a person or persons that isbased on a person’s actual or perceived sex and that:• Excludes a person from participation in;• Denies a person benefits of; or• Otherwise adversely affects a term or condition of a person’s participation in an OU program or activity.

The touching of the private body parts of the Complainant (buttocks,
groin, breasts),
for the purpose of sexual gratification,
without the consent of the Complainant,including instances where the Complainant is incapable of giving
consent because of their age or because of a temporary or permanentmental incapacity.

Incest•••Disparate Impact Discrimination
Disparate impact occurs when policies or practices that appear to be
neutral unintentionally result in a disproportionate impact on the basisof sex that:• Excludes a person from participation in;••

Penetration, no matter how slight,of the vagina or anus,
with any body part or object, ororal penetration by a sex organ of another person,
without the consent of the Complainant.

Fondling

Discrimination can take two primary forms:•

unwelcome sex-based conduct, thatbased on the totality of the circumstances,is subjectively and objectively offensive, andis so severe or pervasive,that it limits or denies a person’s ability to participate in or benefit from
OU’s education program or activity

OU reserves the right to address offensive conduct and/or harassment that
(1) does not rise to the level of creating a hostile environment, or (2) that is ofa generic nature and not prohibited by law. Addressing such conduct will not
result in the imposition of discipline under OU Policy, but may be addressed
through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.

All offense definitions below encompass actual and/or attempted offenses.
See Appendix D for more specific information on regulatory definitions ofthese offenses.

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an employee agent, or other person authorized by OU,
to provide an aid, benefit, or service under OU’s education program or
activity,
explicitly or impliedly conditioning the provision of such aid, benefit, orservice,on a person’s participation in unwelcome sexual conduct.

Sexual intercourse,
between persons who are related to each other,
within the degrees wherein marriage is prohibited by Arizona law.

Statutory Rape

Denies a person benefits of; orOtherwise adversely affects a term or condition of a person’s participation in an OU program or activity.

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Sexual intercourse,•with a person who is under the statutory age of consent of 18.

*This would include having another person touch you sexually, forcibly, and/or without
their consent.

Sex-based Harassment (Applicable under Title IX,
Title VII, and the Fair Housing Act)

Dating Violence, defined as:a. violence,b. on the basis of sex,c. committed by a person,

Sex-based Harassment is a form of sex discrimination and means sexual
harassment and other harassment on the basis of sex*, including sex
stereotypes, sex characteristics, pregnancy or related conditions, sexual12

d. who is in or has been in a social relationship of a romantic or intimate
nature with the Complainant.
i. The existence of such a relationship shall be determined based on
the Complainant’s statement and with consideration of the lengthof the relationship, the type of relationship, and the frequency ofinteraction between the persons involved in the relationship. For the
purposes of this definition—a) Dating violence includes, but is not limited to, sexual or physicalabuse or the threat of such abuse.
b) Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence*, defined as:

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a. violence,b. on the basis of sex,c. committed by a current or former spouse or intimate partner of theComplainant,d. by a person with whom the Complainant shares a child in common, ore. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, orf. by a person similarly situated to a spouse of the Complainant under thedomestic or family violence laws of Arizona, or

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g. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violencelaws of Arizona.
* To categorize an incident as Domesitic Violence under this Policy, the relationshipbetween the Respondent and the Complainant must be more than just two people living
together as roommates. The people cohabitating must be current or former spouses or
have an intimate relationship.

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Stalking, defined as:a. engaging in a course of conduct,b. on the basis of sex,c. directed at the Complainant, thati. would cause a reasonable person to fear for the person’s safety, or
ii. the safety of others; oriii. Suffer substantial emotional distress.
For the purposes of this definition—•••

Bullying*••

Endangerment
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a person taking non-consensual or abusive sexual advantage of another,that does not constitute Sex-based Harassment as defined above,
for their own benefit or for the benefit of anyone other than the person
being exploited.

any act or action
which does or is likely to endanger the mental or physical health or safetyof any person
as it relates to a person’s initiation, admission into, or affiliation with any
OU group or organization.

For the purposes of this definition:•

Examples of Sexual Exploitation include, but are not limited to:••threatening or causing physical harm;
extreme verbal, emotional, or psychological abuse; orother conduct which threatens or endangers the health or safety of any
person or damages their property.

Hazing*This offense is not classified under Title IX as "sex-based harrassment," but it is included here in this Policy as a tool to address a wider range of behaviors.

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repeated and/or severe aggressive behavior
that is likely to intimidate or intentionally hurt, control, or physically or
mentally diminish the Complainant*For bullying, hazing and endangerment, these offenses can be applied when the
conduct iso n the basis of sex but is not a form of sex-based harrassment.

Course of conduct means two or more acts, including, but not limited to,acts in which the Respondent directly, indirectly, or through third parties,
by any action, method, device, or means, follows, monitors, observes,
surveils, threatens, or communicates to or about a person, or interfereswith a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
Substantial emotional distress means significant mental suffering or
anguish that may but does not necessarily require medical or otherprofessional treatment or counseling.

Sexual Exploitation*•

Knowingly soliciting a minor for sexual activity
Engaging in sex trafficking
Knowingly creating, possessing, or disseminating child sexual abuse
images or recordings
Creating or disseminating synthetic media, including images, videos,or audio representations of individuals doing or saying sexually related
things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)

OTHER PROHIBITED CONDUCTSEXUAL MISCONDUCT•Taking pictures, video, or audio recording of another person in a sexualact, or in any other sexually related activity when there is a reasonable
expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such asallowing another person to hide in a closet and observe sexual activity, or
disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
Prostituting another person
Engaging in sexual activity with another person while knowingly infectedwith human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of thevirus, disease, or infection
Causing or attempting to cause the incapacitation of another person(through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the
purpose of making that person vulnerable to non-consensual sexual
activity
Misappropriation of another person’s identity on apps, websites, or othervenues designed for dating or sexual connections (e.g., spoofing)
Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that
depicts the person’s nudity or sexual activity•

Sexual voyeurism (such as observing or allowing others to observe a
person undressing or using the bathroom or engaging in sexual acts,
without the consent of the person being observed)
Invasion of sexual privacy (e.g., doxxing)
Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression

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It is not necessary that a person’s initiation or continued membershipis contingent upon participation in the activity, or that the activity was
sanctioned or approved by the student group or student organization, for
an allegation of hazing to be upheld.
It shall not constitute an excuse or defense to a hazing allegation thatthe participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury
was suffered or sustained.
The actions of alumni, active, new, and/or prospective members of a
student group or student organization may be considered hazing.
Hazing is not confined to the student group or student organization withwhich the person subjected to the hazing is associated.

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Retaliation:
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Adverse action, including intimidation, threats, coercion, or discrimination,
against any person,
by OU, a student, employee, or a person authorized by OU to provide aid,
benefit, or service under OU’s education program or activity,
for the purpose of interfering with any right or privilege secured by law or
Policy, or
because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or
Resolution Process under this policy’s Procedures, including an Informal
Resolution process, or in any other appropriate steps taken by OU topromptly and effectively end any sex discrimination in its education
program or activity, prevent its recurrence, and remedy its effects.

CONSENT, FORCE, AND INCAPACITATION
As used in this Policy, the following definitions and understandings apply:Consent
Consent is defined as:

The exercise of rights protected under the First Amendment does notconstitute retaliation. It is also not retaliation for OU to pursue Policy
violations against those who make materially false statements in bad
faith in the course of a resolution under this policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any
party has made a materially false statement in bad faith.

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Unauthorized Disclosure*••" Without consent" includes any of the following:(a) The victim is coerced by the immediate use or threatened use of force
against a person or property.
(b) The victim is incapable of consent by reason of mental disorder,
mental defect, drugs, alcohol, sleep or any other similar impairmentof cognition and such condition is known or should have reasonably
been known to the defendant. For purposes of this subdivision," mental defect" means the victim is unable to comprehend thedistinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct
with another.
(c) The victim is intentionally deceived as to the nature of the act.
(d) The victim is intentionally deceived to erroneously believe that theperson is the victim's spouse.

Failure to Comply/Process Interference

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Intentional failure to comply with the reasonable directives of the Title
IX Coordinator (or designee) in the performance of their official duties,
including with the terms of a no contact order
Intentional failure to comply with emergency removal or interim suspension terms
Intentional failure to comply with sanctions
Intentional failure to adhere to the terms of an Informal Resolutionagreement
Intentional failure to comply with mandated reporting duties as definedin this Policy
Intentional interference with the Resolution Process, including, but notlimited to:• Destruction of or concealing of evidence• Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence• Intimidating or bribing a witness or party* The state definition of consent which is applicable to criminal prosecutions for sex offenses in Arizona and Wisconsin may differ from the definition used by OU to address Policy violations.

Wisconsin law:
Consent is: words or overt actions by a person who is competent to giveinformed consent indicating a freely given agreement to have sexual intercourse or sexual contact.
Individuals may perceive and experience the same interaction in different
ways. Therefore, it is the responsibility of each party to determine that theother has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent
may be ratified by word or action at some point during the interaction or
thereafter, but clear communication from the outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
Consent is evaluated from the perspective of what a reasonable person
would conclude are mutually understandable words or actions. Reasonable
reciprocation can establish consent. For example, if someone kisses you, you
can kiss them back (if you want to) without the need to explicitly obtain theirconsent to be kissed back.

SANCTION RANGESThe following sanction ranges apply for Prohibited Conduct under thisPolicy. Sanctions can be assigned outside of the specified ranges based on
aggravating or mitigating circumstances, or the Respondent’s cumulative
conduct record.
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knowing, andvoluntary, andclear permission
by word or action
to engage in sexual activity.

Arizona law, for criminal prosecutions, defines what is not consent:*

Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or
as expressly permitted by OU; orpublicly disclosing institutional work product that contains personallyidentifiable information without authorization or consent.

* Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation
under this Policy), consult with your family members, confidential resources, or advisors; or otherwise prepare for or participate in the Resolution Process.

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Dating/Domestic Violence: probation through expulsion or termination.
Sexual Exploitation: warning through expulsion or termination.
Bullying: warning through expulsion or termination.
Endangerment: warning through expulsion or termination.
Hazing: warning through expulsion or termination.
Retaliation: warning through expulsion or termination.
Unauthorized Disclosure: warning through expulsion or termination.
Failure to Comply/Process Interference: warning through expulsion or
termination.

Sex Discrimination: warning through expulsion or termination.
Quid Pro Quo Harassment: warning through expulsion or termination.
Hostile Environment Harassment: warning through expulsion or termination.
Rape: suspension through expulsion or termination.
Fondling: warning through suspension (termination for employees).
Incest: warning through probation.
Statutory Rape: warning through suspension (termination for employees).
Stalking: probation through expulsion or termination.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity
should cease within a reasonably immediate time.
Silence or the absence of resistance alone should not be interpreted asconsent. Consent is not demonstrated by the absence of resistance. While
resistance is not required or necessary, it is a clear demonstration of nonconsent.

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Consent to some sexual contact (such as kissing or fondling) cannot beassumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

If an individual expresses conditions on their willingness to consent (e.g.,use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear
expectation for the use of a condom, or to avoid internal ejaculation, andthose expectations are not honored, the failure to use a condom, removing
a condom, or internal ejaculation can be considered acts of sexual assault.

tion, sex-based harassment, and/or retaliation may be made using any of
the following options:

Proof of consent or non-consent is not a burden placed on either party
involved in a Complaint. Instead, the burden remains on OU to determine
whether its Policy has been violated. The existence of consent is based on
the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context inwhich the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

••

File a Complaint with, or give verbal Notice directly to, the Title IX Coordinator or Deputy such a Complaint may be made at any time (including
during non-business hours) by using the telephone number, email address, or by mail listed in this Policy.
Submit online/telephonic Notice through Ethics Point, an external company trained to take anonymous reports; reporters may leave their name
if desired. This can be done through phone or the internet at 844-7192849 or www.ottawa.ethicspoint.com.

Anonymous Notice is accepted, but the Notice may give rise to a need totry to determine the Parties’ identities. Anonymous Notice typically limits
OU’s ability to investigate, respond, and provide remedies, dependingon what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be
possible to provide supportive measures to Complainants who are thesubject of anonymous Notice.
Reporting carries no obligation to initiate a Complaint, and in most situations, OU is able to respect a Complainant’s request to not initiate aresolution process. However, there may be circumstances, such as pattern
behavior, allegations of severe misconduct, or a compelling threat to healthand/or safety, where OU may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, OU will maintain the privacy of
information to the extent possible. The Complainant should not fear a lossof confidentiality by giving Notice that allows OU to discuss and/or provide
supportive measures, in most circumstances.

Force
Force is the use of physical violence and/or physical imposition to gain
sexual access. Sexual activity that is forced is, by definition, non-consensual,
but non-consensual sexual activity is not necessarily forced. Force is conduct
that, if sufficiently severe, can negate consent.
Force also includes threats, intimidation (implied threats), and coercion thatis intended to overcome resistance or produce consent (e.g., “Have sex withme or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what
you want.”).
Coercion is unreasonable pressure for sexual activity. Coercive conduct, if
sufficiently severe, can render a person’s consent ineffective, because it is
not voluntary. When someone makes clear that they do not want to engage
in sexual activity, that they want to stop, or that they do not want to go pasta certain point of sexual interaction, continued pressure beyond that point
can be coercive. Coercion is evaluated based on the frequency, intensity,
isolation, and duration of the pressure involved.

•

Incapacitation
Incapacitation is a state where a person is incapable of giving consent. An
incapacitated person cannot make rational, reasonable decisions because
they lack the capacity to give knowing/informed consent (e.g., to understandthe “who, what, when, where, why, and how” of their sexual interaction). A
person cannot consent if they are unable to understand what is happening
or are disoriented, helpless, asleep, or unconscious for any reason, including
because of alcohol or other drug consumption.

Notice may be given to any employee. If that employee is not a mandatory reporter, the information will promptly be given to the Title IX
Coordinator. If the information is given to a confidential source, it is theComplainant’s choice whether to have notice reported to the Title IX
Coordinator.

TIME LIMITS ON REPORTING
There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to OU’s jurisdiction
and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
Acting on Notice/Complaints significantly impacted by the passage of time(including, but not limited to, the rescission or revision of Policy) is at the
Title IX Coordinator’s discretion; they may document allegations for futurereference, offer supportive measures and/or remedies, and/or engage in
informal or formal action, as appropriate.

This Policy also covers a person whose incapacity results from a temporary
or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.
Incapacitation is determined through consideration of all relevant indicatorsof a person’s state and is not synonymous with intoxication, impairment,
blackout, and/or being drunk.

FALSE ALLEGATIONS AND EVIDENCE
Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does
not include allegations that are made in good faith but are ultimately shown
to be erroneous or do not result in a determination of a Policy violation.

If the Respondent neither knew nor should have known the Complainant tobe physically or mentally incapacitated, the Respondent is not in violation ofthis Policy. “Should have known” is an objective, reasonable person standard
that assumes that a reasonable person is both sober and exercising soundjudgment.

Additionally, witnesses and Parties who knowingly provide false evidence,
tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline underappropriate OU policies.

STANDARD OF PROOF
OU uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that OU will decide
whether it is more likely than not, based upon the available information at
the time of the decision, that the Respondent is in violation of the alleged
Policy violation(s).

CONFIDENTIALITY/PRIVACYOU makes every effort to preserve the Parties’ privacy. OU will not share theidentity of any individual who has made a Complaint of sex discrimination,
sex-based harassment, or retaliation; any Complainant; any individual who
has been reported to be the perpetrator of sex discrimination, sex-based harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title
IX), Family Educational Rights and Privacy Act (FERPA) and its implementing
regulations, or as required by law; including any investigation, or resolution
proceeding arising under these policies and procedures.* Additional information regarding confidentiality and privacy can be found in Appendix B.

REPORTS/COMPLAINTS OF SEX DISCRIMINATION, SEX-BASEDHARASSMENT, AND/OR RETALIATION
A Report provides notice to OU of an allegation or concern about sex discrimination, sex-based harassment, or retaliation and provides an opportunity
for the Title IX Coordinator to provide information, resources, and supportive
measures. A Complaint provides notice to OU that the Complainant would
like to initiate an investigation or other appropriate resolution procedures.
A Complainant or individual may initially make a report and may decide at
a later time to make a Complaint. Reports or Complaints of sex discrimina-*20 U.S.C. 1232g and 34 C.F.R. §99

15

•

Unauthorized Disclosure of Information
Parties and Advisors are prohibited from disclosing information obtained by
OU through the Resolution Process, to the extent that information is the work
product of OU (meaning it has been produced, compiled, or written by OU for
purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of OU Policy to publicly disclose institutional work
product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject tosignificant sanctions.

•••

EMERGENCY REMOVAL/INTERIM ACTIONS/LEAVESStalking/Dating Violence/Domestic Violence/Sex-Based Harassment

OU can act to remove a student Respondent accused of sex discrimination, sex-based harassment, or retaliation from its education program or
activities, partially or entirely, on an emergency basis when an individualized
safety and risk analysis has determined that an imminent and serious threat
to the health or safety of any student or other individual justifies removal.
This risk analysis is performed by the Title IX Coordinator and may be donein conjunction with the Care Team using its standard objective violence risk
assessment procedures. Employees are subject to existing procedures forinterim actions and leaves.

•••

FEDERAL TIMELY WARNING OBLIGATIONSOU must issue timely warnings for reported incidents that pose a serious orcontinuing threat of bodily harm or danger to members of the OU community.

•

OU will ensure that a Complainant’s name and other identifying information
is not disclosed, while still providing enough information for community
members to make safety decisions in light of the potential danger.

•

Evidence in the form of text and voice messages will be lost in mostcases if the Complainant changes their phone number.
o Make a secondary recording of any voice messages and/or save theaudio files to a cloud server.
o Take screenshots and/or a video recording of any text messages orother electronic messages (e.g., Instagram, Snapchat, Facebook).
Save copies of email and social media correspondence, including notifications related to account access alerts.
Take time-stamped photographs of any physical evidence, including
notes, gifts, etc., in place when possible.
Save copies of any messages, including those showing any request for
no further contact.
Obtain copies of call logs showing the specific phone number being usedrather than a saved contact name if possible.

During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be discussed, if timely.

AMNESTY
The OU community encourages the reporting of misconduct and crimes byComplainants and witnesses. Sometimes, Complainants or witnesses arehesitant to give Notice to OU officials or participate in resolution processes
because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process forthe same reasons.

FEDERAL STATISTICAL REPORTING OBLIGATIONS
Certain institutional officials (those deemed Campus Security Authorities)
have a duty to report the following for federal statistical reporting purposes(Clery Act):
1) All “primary crimes,” which include criminal homicide, sexual assault,
robbery, aggravated assault, burglary, motor vehicle theft, and arson
2) Hate crimes, which include any bias-motivated primary crime as wellas any bias-motivated larceny or theft, simple assault, intimidation, or
destruction/damage/vandalism of property3) Violence Against Women Act (VAWA-based crimes), which include sexualassault, domestic violence, dating violence, and stalking*4) Arrests and referrals for disciplinary action for weapons law violations,liquor law violations, and drug law violations

It is in the best interests of the OU community that Complainants choose
to give Notice of misconduct to OU officials, that witnesses come forward
to share what they know, and that all Parties be forthcoming during theprocess.
To encourage reporting and participation in the process, OU offers Parties
and witnesses amnesty from minor policy violations, such as underagealcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by OU, and amnesty does not
apply to more serious allegations, such as physical abuse of another or illicit
drug distribution.

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus
or in the surrounding area, but no addresses are given) must be shared with
the Clery Reporting Coordinator for publication in the Annual Security Reportand daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security,
local police, coaches, athletic directors, residence life staff, student activities
staff, human resources staff, advisors to student organizations, and anyother official with significant responsibility for student and campus activities.

Students
OU also maintains an amnesty policy for students in addition to witnesses
who offer help to others in need.
Employees
Sometimes, employees are hesitant to report sex discrimination, sex-basedharassment, or retaliation they have experienced for fear of getting in trouble
themselves. OU may, at its discretion, offer employee Complainants amnesty
from such policy violations (typically more minor policy violations) related tothe incident.

*42 U.S.C. Sections 13701 through 14040.

INDEPENDENCE AND CONFLICTS OF INTEREST
The Title TIX Coordinator acts with independence and authority, free frombias and conflicts of interest. The TIX Coordinator oversees all resolutions
under this Policy and these procedures. The members of the Resolution Poolare vetted and trained to ensure they are not biased for or against any party
in a specific Complaint, or for or against Complainants and/or Respondents,
generally.

PRESERVATION OF EVIDENCE
The preservation of evidence is critical to potential criminal prosecution
and to obtaining restraining/protective orders, and it is particularly time
sensitive. OU will inform the Complainant of the importance of preserving
evidence by taking actions such as the following:

To raise any concern involving bias, conflict of interest, misconduct, or
discrimination by the Title IX Coordinator, contact Associate Vice Chancellorof Human Resources, Joanna Walters. Concerns of bias, misconduct, dis-Sexual Assault•

Avoid urinating, showering, bathing, washing hands or face, or douching,if possible, but evidence may still be collected even if you do.
If oral sexual contact took place, refrain from smoking, eating, drinking,or brushing teeth.
If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or a secure evidence container (if provided one by law
enforcement)
Seeking medical treatment can be essential, even if it is not for the
purpose of collecting forensic evidence.

Seek forensic medical assistance at the nearest hospital, ideally within
120 hours of the incident (sooner is better).
16

crimination, or a potential conflict of interest by any other Investigation Pool
member or Deputy Coordinator should be raised with the Title IX Coordinator.
•

REVISION OF THIS POLICYThis Policy succeeds previous policies addressing sex discrimination, sexbased harassment, sexual misconduct, and/or retaliation, though previous
policies and procedures remain in force for sexual harassment incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates
these policies and procedures regularly. reserves the right to make changes
to this document as necessary, and once those changes are posted online,
they are in effect.

••

If government laws or regulations change or court decisions alter therequirements in a way that impacts this document, this document will be
construed to comply with the most recent government laws, regulations, or
court holdings.

•

This document does not create legally enforceable protections beyond theprotections of the background state and federal laws that frame such policies and codes, generally.

••

This Policy is effective August 1, 2024.

*If circumstances require, the Chancellor or Associate Vice Chancellor of Human
Resources will designate another person to oversee the Resolution Process should anallegation be made about the Title IX Coordinator or should the Title IX Coordinator beotherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

RESOLUTION PROCESS FOR ALLEGEDVIOLATIONS OF THE
OTTAWA UNIVERSITY TITLE IX POLICY

Helping a Complainant to Understand Resolution Options
If the Complainant indicates they wish to initiate a Complaint (in a mannerthat can reasonably be construed as reflecting intent to make a Complaint),
the Title IX Coordinator will help to facilitate the Complaint, which will include
working with the Complainant to determine whether the Complainant wishes
to pursue one of three resolution options:(Hereinafter the “Resolution Process”)

OVERVIEWOU will act on any Notice, Complaint, or Knowledge of a potential violation of
the Ottawa University Title IX Policy (“Policy”) that the Title IX Coordinator or
any other Mandated Reporter receives by applying the Resolution Process
below.

•••The procedures below apply to all allegations of discrimination on the basisof sex, sex-based harassment, retaliation, or Other Prohibited Conduct involving students, employees, or third parties.

a supportive and remedial response, and/or
Informal Resolution, or
the Resolution Process described below.

The Title IX Coordinator will seek to abide by the wishes of the Complainant
but may have to take an alternative approach depending on their analysisof the situation.

Please see Appendix D for a Statement of Parties’ Rights.

NOTICE/COMPLAINT

If the Complainant elects for the Resolution Process below, and the Title IX
Coordinator has determined the Policy applies and that the OU has jurisdiction, they will route the matter to the appropriate Resolution Pool member,will provide the Parties with a Notice of Investigation and Allegation(s), andwill initiate an investigation consistent with these Procedures.

Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy
violation, the Title IX Coordinator will initiate a prompt initial evaluation todetermine OU’s next steps. The Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information
regarding resolution options, and determine how they wish to proceed.

If any Party indicates (either verbally or in writing) that they want to pursue an
Informal Resolution option, the Title IX Coordinator will assess whether thematter is suitable for Informal Resolution and refer the matter accordingly.

COLLATERAL MISCONDUCTCollateral misconduct is defined to include potential violations of other
OU policies not incorporated into this policy that occur in conjunction withalleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential
violations of the Policy, to be resolved jointly under these Procedures. In
such circumstances, the Title IX Coordinator may consult with OU officials
who typically oversee such conduct (e.g., human resources, student conduct,
academic affairs) to solicit their input as needed on what charges should be
filed, but the exercise of collateral charges under these procedures is within
the discretion of the Title IX Coordinator. All other allegations of misconduct
unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the student, faculty, and employee
handbooks.

If the Complainant indicates (either verbally or in writing) that they do
not want any action taken, no Resolution Process will be initiated (unlessdeemed necessary by the Title IX Coordinator), though the Complainant canelect to initiate one later, if desired.
Title IX Coordinator Authority to Initiate a Complaint
If the Complainant does not wish to file a Complaint, the Title IX Coordinator,
who has ultimate discretion as to whether a Complaint is initiated, will offer
supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate thatrequest to determine if there is a serious and imminent threat to someone's
safety or if OU cannot ensure equal access without initiating a Complaint.
The Title IX Coordinator will consider the following non-exhaustive factors todetermine whether to file a Complaint:

INITIAL EVALUATION••The Title IX Coordinator conducts an initial evaluation, typically within seven(7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct.* The initial evaluation typically includes:•

the dismissal provision in these procedures. It may then be referred
to another process, if applicable.
Determining whether OU has jurisdiction over the reported conduct, as
defined in the Policy.
o If the conduct is not within OU jurisdiction, the matter is typicallydismissed from this process, consistent with the dismissal provisionin these procedures. If applicable, the conduct will be referred to theappropriate OU office for resolution.
Offering and coordinating supportive measures for the Complainant.
Offering and coordinating supportive measures for the Respondent, asapplicable.
Notifying the Complainant, or the person who reported the allegation(s),of the available resolution options, including a supportive and remedial
response, an Informal Resolution option, or the Resolution Process described below.
Determining whether the Complainant wishes to initiate a Complaint.
Notifying the Respondent of the available resolution options, including
a supportive and remedial response, an Informal Resolution option, or
the Resolution Process described below, if a Complaint is made.

•Assessing whether the reported conduct may reasonably constitute a
violation of the Policy.
o If the conduct may not reasonably constitute a violation of the Policy,
the matter is typically dismissed from this process, consistent with•

17

The Complainant’s request not to initiate a Complaint.
The Complainant’s reasonable safety concerns regarding initiating aComplaint.
The risk that additional acts of sex discrimination would occur if a Complaint is not initiated.
The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent

•
•

•
•

from campus or imposition of another disciplinary sanction to end thediscrimination and prevent its recurrence.
The age and relationship of the Parties, including whether the Respondent is a OU employee.
The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged tohave impacted multiple individuals.
The availability of evidence to assist a Decision-maker in determining
whether sex discrimination occurred.
Whether the OU could end the alleged sex discrimination and prevent its
recurrence without initiating its resolution process.

or the individual Complainant or Respondent that would change theoutcome.
4) The dismissal was erroneously granted or denied.
The appeal request should specify at least one of the grounds above andprovide any reasons or supporting evidence for why the ground is met. Upon
receipt of a written dismissal appeal request from one or more Parties, theTitle IX Coordinator will share the request with all other Parties and provide
three (3) business days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX
Coordinator will forward the appeal, as well as any response provided by theother Parties and/or the Title IX Coordinator to the Dismissal Appeal Officer
for consideration.

When the Title IX Coordinator initiates a Complaint, they do not become theComplainant. The Complainant is the person who experienced the alleged
conduct that could constitute a violation of this Policy.

If the Request for Appeal does not provide information that meets thegrounds in this Policy, the Dismissal Appeal Officer will deny the request,
and the Parties, their Advisors, and the Title IX Coordinator will be notified inwriting of the denial and the rationale.

DISMISSAL

If any of the asserted grounds in the appeal satisfy the grounds described inthis Policy, then the Dismissal Appeal Officer will notify all Parties and their
Advisors, and the Title IX Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint.

OU may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:
1) OU is unable to identify the Respondent after taking reasonable steps to
do so2) OU no longer enrolls or employs the Respondent

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer
has seven (7) business days to review and decide on the appeal, thoughextensions can be granted at the Title IX Coordinator’s discretion, and theParties will be notified of any extension.

3) A Complainant voluntarily withdraws any or all of the allegations in the
Complaint, and the Title IX Coordinator declines to initiate a Complaint
4) OU determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven

Appeal decisions are deferential to the original determination, making
changes only if there is a compelling justification to do so.

In addition to other members of the Title IX Team, as authorized by the Title
IX Coordinator, a Decision-maker can recommend dismissal to the Title IX
Coordinator if they believe the grounds are met. A Complainant who decides
to withdraw a Complaint may later request to reinstate or refile it.

The Dismissal Appeal Officer may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if
needed. The Title IX Coordinator will maintain documentation of all suchconsultation.

Upon any dismissal, OU will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs
after the Respondent has been made aware of the allegations, OU will also
notify the Respondent of the dismissal.

EMERGENCY REMOVAL OF A STUDENTOU may emergency remove a student accused of Sex Discrimination or Sexbased Harassment upon receipt of Notice/Knowledge, a Complaint, or at
any time during the Resolution Process. Prior to an emergency removal, OU
will conduct an individualized risk assessment and may remove the student
if that assessment determines that an imminent and serious threat to thehealth or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action.

This dismissal decision is appealable by any party.

APPEAL OF DISMISSALThe Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs
after the Respondent has been made aware of the allegations. All dismissal
appeal requests must be filed within three (3) business days of the notification of the dismissal.

When an emergency removal is imposed, wholly or partially, the affectedstudent will be notified of the action, which will include a written rationale,
and the option to challenge the emergency removal within two (2) businessdays of the notification. Upon receipt of a challenge, the Title IX Coordinator
will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action
should not be implemented or should be modified.

The Title IX Coordinator will notify the Parties of any appeal of the dismissal.
If, however, the Complainant appeals, but the Respondent was not notifiedof the Complaint, the Title IX Coordinator must then provide the Respondent
with a NOIA and will notify the Respondent of the Complainant’s appeal with
an opportunity to respond.

This meeting is not a hearing on the merits of the allegation(s), but rather
is an administrative process intended to determine solely whether the
emergency removal is appropriate, should be modified, or lifted. When thismeeting is not requested within two (2) business days, objections to theemergency removal will be deemed waived. A student can later request ameeting to show why they are no longer an imminent and serious threat
because conditions related to imminence or seriousness have changed. A
Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable for them to do so.

Throughout the dismissal appeal process, OU will:••••

Implement dismissal appeal procedures equally for the Parties.
Assign a trained Dismissal Appeal Officer who did not take part in an
investigation of the allegations or dismissal of the Complaint.
Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal.
Notify the Parties of the result of the appeal and the rationale for the
result.

The Respondent may provide information, including expert reports, witness
statements, communications, or other documentation for consideration
prior to or during the meeting. When applicable, a Complainant may provide
information to the Title IX Coordinator for review.

The grounds for dismissal appeals are limited to:1) Procedural irregularity that would change the outcome.
2) New evidence that would change the outcome and that was not reasonably available when the dismissal was decided.
3) The Title IX Coordinator, Investigator, or Decision-maker had a conflictof interest or bias for or against complainants or respondents generally

An emergency removal may be affirmed, modified, or lifted as a result ofa requested review or as new information becomes available. The Title IX
Coordinator will communicate the final decision in writing, typically within
three (3) business days of the review meeting.

18

PLACING AN EMPLOYEE ON LEAVE

discussions, the Parties and their Advisors should ask for breaks to allow
for private consultation.

When the Respondent is an employee, or a student employee accusedof misconduct in the course of their employment, existing provisions (seeSection 23) for interim action are typically applicable instead of the above
emergency removal process.

Records Shared with Advisors
Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately
summarizes this evidence.

COUNTER-COMPLAINTS

Advisors are expected to maintain the confidentiality of the records OU
shares with them, per Section 16 of this Policy addressing Confidentiality.
Advisors may not disclose any OU work product or evidence OU obtained
solely through the Resolution Process for any purpose not explicitly authorized by OU.

OU is obligated to ensure that the Resolution Process is not abused for
retaliatory purposes. Although OU permits the filing of counter-complaints,
the Title IX Coordinator will use an initial evaluation, described above, toassess whether the allegations in the counter-complaint are made in goodfaith. When counter-complaints are not made in good faith, they will not be
permitted. They will be considered potentially retaliatory and may constitutea violation of the Policy.

Accordingly, Advisors will be asked to sign Non-Disclosure Agreements(NDAs). OU may decline to share materials with any Advisor who has not
executed the NDA. OU may restrict the role of any Advisor who does notrespect the sensitive nature of the process or who fails to abide by OU’s
confidentiality expectations.

Counter-complaints determined to have been reported in good faith will beprocessed using the Resolution Process below. At the Title IX Coordinator’s
discretion, investigation of such claims may take place concurrently or after
resolution of the underlying initial Complaint.

Advisor Expectations
OU generally expects an Advisor to adjust their schedule to allow them toattend OU meetings and interviews when planned, but OU may changescheduled meeting and interviews to accommodate an Advisor’s inability toattend, if doing so does not cause an unreasonable delay.

ADVISORS IN THE RESOLUTION PROCESSWho Can Serve as an Advisor?
The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all
meetings and interviews within the Resolution Process, including intake. The
Parties may select whomever they wish to serve as their Advisor as long as
the Advisor is eligible and available.*

OU may also make reasonable provisions to allow an Advisor who cannot bepresent in person to attend a meeting and/or interview by telephone, videoconferencing, or other similar technologies.
All Advisors are subject to the same OU policies and procedures, whether
they are attorneys or not, and whether they are selected by a party or appointed by OU. Advisors are expected to advise without disrupting proceedings.

The Title IX Coordinator will offer to assign a trained Advisor to any party if
the party chooses. If the Parties choose an Advisor from the pool available
from OU, OU will have trained the Advisor and familiarized them with OU’s
Resolution Process.

Advisor Policy Violations
Any Advisor who oversteps their role as defined by the Policy, who sharesinformation or evidence in a manner inconsistent with the Policy, or who
refuses to comply with OU’s established rules of decorum will be warned.
If the Advisor continues to disrupt or otherwise fails to respect the limits of
the Advisor role, the meeting/interview may be ended, or other appropriate
measures implemented, including OU requiring the party to use a different
Advisor or providing a different OU-appointed Advisor. Subsequently, the Title
IX Coordinator will determine how to address the Advisor’s non-complianceand future role.

OU cannot guarantee equal Advisory rights, meaning that if one party selects
an Advisor who is an attorney, but the other party does not, or cannot afford
an attorney, OU is not obligated to provide an attorney to advise that party.
A party may elect to change Advisors during the process and is not obligatedto use the same Advisor throughout. Parties are expected to provide theTitle IX Coordinator with timely notification if they change Advisors. If a party
changes Advisors, consent to share information with the previous Advisor
is assumed to be terminated, and a release for the new Advisor must be
submitted.
OU may permit Parties to have more than one Advisor, or an Advisor and a
support person, upon special request to the Title IX Coordinator. The decision
to grant this request is at the Title IX Coordinator’s sole discretion and will be
granted equitably to all Parties.

RESOLUTION OPTIONS OVERVIEWThis Resolution Process, consisting of Informal Resolution or Administrative Resolution, is OU’s chosen approach to addressing sex discrimination,
sex-based harassment, retaliation, and Other Prohibited Conduct under
the Policy. The process considers the Parties’ preferences but is ultimately
determined at the Title IX Coordinator’s discretion.

If a party requests that all communication be made through their attorney
Advisor instead of to the party, they will agree to copy both the party and their
Advisor on all communications.

Resolution proceedings are confidential. All individuals present at any time
during the Resolution Process are expected to maintain the confidentialityof the proceedings in accordance with OU Policy.

Advisors appointed by the institution cannot be Confidential Employees, andalthough they will not be asked to disclose details of their interactions with
their advisees to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.

Informal Resolution* “Available” means the party cannot insist on an Advisor who simply doesn’t have
inclination, time, or availability. The Advisor cannot have institutionally conflicting roles,
such as being an administrator who has an active role in the matter, or a supervisor
who must monitor and implement sanctions. Additionally, choosing an Advisor who isalso a witness in the process creates potential for bias and conflicts of interest. A party
who chooses an Advisor who is also a witness can anticipate that issues of potential
bias will be explored by the Decision-maker(s).

To initiate Informal Resolution, a Complainant or Respondent may makesuch a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, inwriting. OU will obtain voluntary, written confirmation that all Parties wish to
resolve the matter through Informal Resolution before proceeding and will
not pressure the Parties to participate in Informal Resolution.

Advisor’s Role in the Resolution Process

Before initiation of an Informal Resolution process, OU will provide the Parties with a NOIA that explains:

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may notprovide testimony or speak on behalf of their advisee unless given specificpermission to do so.

•••

The Parties are expected to ask and respond to questions on their own
behalf throughout the Resolution Process. Although the Advisor generally
may not speak on behalf of their advisee, the Advisor may consult with theiradvisee, either privately as needed, or by conferring or passing notes during
any Resolution Process meeting or interview. For longer or more involved
19

The allegations.
The requirements of the Informal Resolution process.
That, prior to agreeing to a resolution, any party has the right to withdraw
from the Informal Resolution process and to initiate or resume OU’s
Resolution Process.

•

•

•

That the Parties’ agreement to a resolution at the conclusion of theInformal Resolution process will preclude the Parties from initiating orresuming the Resolution Process arising from the same allegations.
The potential terms that may be requested or offered in an Informal
Resolution agreement, including notification that an Informal Resolutionagreement is binding only on the Parties.
What information OU will maintain, and whether and how it could disclose such information for use in its Resolution Process.

The Respondent may accept responsibility for any or all of the alleged Policy
violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, theongoing process will be paused, and the Title IX Coordinator will determine
whether Informal Resolution is an option.
If Informal Resolution is available, the Title IX Coordinator will determine
whether all Parties and OU are able to agree on responsibility, restrictions,sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violationof OU Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate Title
IX Coordinator, as necessary.

OU offers four categories of Informal Resolution:1) Supportive Resolution. When the Title IX Coordinator can resolve thematter informally by providing supportive measures (only) designed to
remedy the situation.
2) Educational Conversation. When the Title IX Coordinator can resolve
the matter informally by having a conversation with the Respondent todiscuss the Complainant’s concerns and institutional expectations or
can accompany the Complainant in their desire to confront the conduct.
3) Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will
be enforced similarly to sanctions, and the Complainant(s) and OU areagreeable to the resolution terms.
4) Alternative Resolution. When the Parties agree to resolve the matter
through an alternative resolution mechanism (which could include, but
is not limited to, mediation, shuttle negotiation, restorative practices,
facilitated dialogue, etc.), as described below.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all
terms of resolution, the Resolution Process will either continue or resume.
When a resolution is reached, the appropriate sanction(s) or responsive
actions are promptly implemented to effectively stop the discrimination orharassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
* In Section 20 below, there is a description of a process to waive the decision-making
step of the Resolution Process if a Respondent decides to admit to violating thecharged Policies. That section and this one are similar, but there are meaningful differences. In this section, the Parties must agree to the resolution, and the Respondentin essence self-sanctions as part of the Informal Resolution by agreeing to voluntarily
comply with whatever the terms are to which the Parties agree. Section 20, in contrast,
is unilateral. Neither the Complainant nor the Title IX Coordinator determine eligibility. It
is simply a waiver of steps in the process by the Respondent, who can admit violations
and accept sanctions assigned by the Decision-maker, if they choose to. No Complainant approval is sought or needed. Under Section 20, the outcome involves sanctioning
imposed by OU, rather than an agreement to self-sanction, as outlined in this section.

The individual facilitating an Informal Resolution must be trained and cannot
be the Investigator, Decision-maker, or Appeal Decision-maker.

Alternative Resolution

It is not necessary to pursue Informal Resolution first in order to pursue an
Administrative Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time andinitiate or resume the Administrative Resolution Process.

The institution offers a variety of alternative resolution mechanisms tobest meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual
or community remedies, including targeted or broad-based educational
programming or training; supported direct conversation or interaction with
the Respondent(s); indirect action by the Title IX Coordinator or other appropriate OU officials; and other forms of resolution that can be tailored to
the needs of the Parties. Some alternative resolution mechanisms will resultin an agreed-upon outcome, while others are resolved through dialogue. All
Parties must consent to the use of an alternative resolution approach, and
the Parties may, but are not required to, have direct or indirect contact during
an alternative resolution process.

The Parties may agree, as a condition of engaging in Informal Resolution, on
what statements made or evidence shared during the Informal Resolution
process will not be considered in the Administrative Resolution Process,should Informal Resolution not be successful, unless agreed to by all Parties.
If an investigation is already underway, the Title IX Coordinator has discretion
to determine if an investigation will be paused, if it will be limited, or if it willcontinue during the Informal Resolution process.

Categories of Informal Resolution

The Title IX Coordinator may consider the following factors to assess whether
alternative resolution is appropriate, or which form of alternative resolution
may be most successful for the Parties:

Supportive Resolution
The Title IX Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve
the Complainant’s access to OU’s education program and activity. Suchmeasures can be modified as the Complainant’s needs evolve over timeor circumstances change. If the Respondent has received the NOIA, theTitle IX Coordinator may also provide reasonable supportive measures for
the Respondent as deemed appropriate. This option is available when the
Complainant does not want to engage the other resolution options, and the
Title IX Coordinator does not initiate a Complaint.

••

Educational Conversation
The Complainant(s) may request that the Title IX Coordinator address
their allegations by meeting (with or without the Complainant) with the
Respondent(s) to discuss concerning behavior and institutional policies
and expectations. Such a conversation is non-disciplinary and non-punitive.
Respondent(s) are not required to attend such meetings, nor are they
compelled to provide any information if they attend. The conversation will
be documented as the Informal Resolution for the matter, if it takes place.
In light of this conversation, or the Respondent’s decision not to attend, theTitle IX Coordinator may also implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of the recurrence ofany behaviors that may not align with Policy.

•
•
•
•
•
•
•
•
•
•

The Parties’ amenability to alternative resolution
Likelihood of potential resolution, considering any power dynamics between the Parties
The nature and severity of the alleged misconduct
The Parties’ motivation to participate
Civility of the Parties
Results of a violence risk assessment/ongoing risk analysis
Respondent’s disciplinary history
Whether an emergency removal or other interim action is needed
Skill of the facilitator with this type of Complaint
Complaint complexity
Emotional investment/capability of the Parties
Rationality of the Parties••

Goals of the Parties
Adequate resources to invest in alternative resolution (e.g., time, staff)

The Title IX Coordinator has the authority to determine whether alternative
resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually
through their Advisors, often including terms of confidentiality, release, andnon-disparagement.

Accepted Responsibility*

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Parties do not have the authority to stipulate restrictions or obligations forindividuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual
or community remedies are necessary to meet the institution’s complianceobligations in addition to the alternative resolution.

••

The Title IX Coordinator maintains records of any resolution that is reached
and will provide notification to the Parties of what information is maintained.
Failure to abide by the resolution agreement may result in appropriate
responsive/disciplinary actions (e.g., dissolution of the agreement andresumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). The
results of Complaints resolved by alternative resolution are not appealable.

•••

If an Informal Resolution option is not available or selected, OU will initiate orcontinue an investigation and subsequent Resolution Process to determine
whether the Policy has been violated.

•

Administrative Resolution Process (see Section 22 below)•

RESOLUTION PROCESS POOL
The Resolution Process relies on a pool of administrators (“the Pool”) to carryout the process.*•*External, trained third-party neutral professionals may also beused to serve in Poolroles.

••

Pool Member Roles
Members of the Pool are trained annually, and can serve in the following
roles, at the discretion of the Title IX Coordinator:
•
•
•
•
•
•
•
•
•

Notification will be made in writing and may be delivered by one or more of
the following methods: in person, mailed to the Parties’ local or permanent
address(es) as indicated in official OU records, or emailed to the Parties’ OUissued email or designated accounts. Once mailed, emailed, and/or received
in person, the notification will be presumptively delivered.

Appropriate intake of and initial guidance pertaining to Complaints
Advisor to Parties
Informal Resolution Facilitator
Perform or assist with initial evaluation
Investigator
Decision-maker for challenges to emergency removal and supportive
measures
Decision-makerAppeal of Dismissal Decision-makerAppeal Decision-maker

RESOLUTION TIMELINEOU will make a good faith effort to complete the Resolution Process withinsixty to ninety (60-90) business days, including any appeals, which the Title
IX Coordinator can extend as necessary for appropriate cause. The Parties
will receive regular updates on the progress of the Resolution Process, aswell as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Pool Member Appointment

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues
such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

The Title IX Coordinator, in consultation with the Associate Vice Chancellorof Human Resources, appoints the Pool, which acts with independence andimpartiality. Although members of the Pool are typically trained in a variety
of skill sets and can rotate amongst the different roles listed above in different Complaints, OU can also designate permanent roles for individuals
in the Pool.

If a party or witness chooses not to participate in the Resolution Process or
becomes unresponsive, OU reserves the right to continue it without their
participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity toparticipate in the Resolution Process.

Training
See Appendix C for details of training for Pool Members.

OU may undertake a short delay in its investigation (several days to a few
weeks) if circumstances require. Such circumstances include but are not limited to a request from law enforcement to temporarily delay the investigation,
the need for language assistance, the absence of Parties and/or witnesses,
and/or health conditions. OU will promptly resume its Resolution Process assoon as feasible. During such a delay, OU will implement and maintain supportive measures for the Parties as deemed appropriate.

NOTICE OF INVESTIGATION AND ALLEGATIONS (NOIA)
Prior to an investigation, the Title IX Coordinator will provide the Parties
with a detailed written NOIA. Amendments and updates to the NOIA may bemade as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA
will be sent to the department/office/program head for the area/program
being investigated.

OU action(s) or processes are not typically altered or precluded on the
grounds that civil or criminal charges involving the underlying incident(s)have been filed or that criminal charges have been dismissed or reduced.

The NOIA typically includes:
•
•
•
•
•
•
•

The name(s) of the Investigator(s), along with a process to notify the Title
IX Coordinator of any conflict of interest the Investigator(s) may have inadvance of the interview process
A statement that OU presumes the Respondent is not responsible for thereported misconduct unless and until the evidence supports a different
determination
A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity
during the review and comment period to inspect and review all relevant
evidence
A statement that retaliation is prohibited
Information about the confidentiality of the process, including that theParties and their Advisors (if applicable) may not share OU work productobtained through the Resolution Process
A statement that the Parties may have an Advisor of their choice who
may accompany them through all steps of the Resolution Process
A statement informing the Parties that OU’s Policy prohibits knowingly
making false statements, including knowingly submitting false information during the Resolution Process
Detail on how a party may request disability accommodations or othersupport assistance during the Resolution Process
A link to OU’s VAWA Brochure
An instruction to preserve any evidence that is directly related to theallegations

OU will make a good faith effort to complete the Resolution Process as
promptly as circumstances permit and will regularly communicate with theParties to update them on the progress and timing of the process.

A meaningful summary of all allegations
The identity of the involved Parties (if known)
The precise misconduct being alleged
The date and location of the alleged incident(s) (if known)
The specific policies/offenses implicatedA description of, link to, or copy of the applicable procedures
A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence

ENSURING IMPARTIALITY
Any individual materially involved in the administration of the Resolution
Process, including the Title IX Coordinator, Investigator(s), and Decisionmaker(s), may neither have nor demonstrate a conflict of interest or bias fora party generally, or for a specific Complainant or Respondent.
21

The Title IX Coordinator will vet the assigned Investigator(s), Decisionmaker(s), and Appeal Decision-makers for impartiality by ensuring there areno actual or apparent conflicts of interest or disqualifying biases. At any time
during the Resolution Process, the Parties may raise a concern regarding
bias or conflict of interest, and the Title IX Coordinator will determine whether
the concern is reasonable and supportable. If so, another Pool member will
be assigned, and the impact of the bias or conflict, if any, will be remedied.
If the source of the conflict of interest or bias is the Title IX Coordinator,
concerns should be raised with the Chancellor or Associate Vice Chancellorof Human Resources.

plainant’s consent or preclude a determination that sex-based harassment
occurred.
Previous disciplinary action of any kind involving the Respondent may not be
considered unless there is an allegation of a pattern of misconduct. Suchinformation may also be considered in determining an appropriate sanction
upon a determination of responsibility. Barring a pattern allegation, thisinformation is only considered at the sanction stage of the process and is
not shared until then.
Within the limitations stated above, the investigation and determination canconsider character evidence, if offered, but that evidence is unlikely to be
relevant unless it is fact evidence or relates to a pattern of conduct.

The Resolution Process involves an objective evaluation of all available
relevant and not otherwise impermissible evidence, including evidence that
supports that the Respondent engaged in a Policy violation and evidence
that supports that the Respondent did not engage in a Policy violation. Credibility determinations may not be based solely on an individual’s status orparticipation as a Complainant, Respondent, or witness. All Parties have afull and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

RESPONDENT ADMITS RESPONSIBILITY
At any point in the proceedings, if a Respondent elects to admit to thecharged violations and waive further process, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination,
and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the finding/final determination/sanctions, ordoes not admit to all conduct charged, the Resolution Process continues to
its conclusion. The Complainant retains their right to appeal a determination
when a Respondent admits responsibility.

INVESTIGATOR APPOINTMENT
Once an investigation is initiated, the Title IX Coordinator appoints an
Investigator(s) to conduct it. These Investigators may be members of the
Resolution Process Pool, or any other properly trained Investigator, whether
internal or external to OU’s community.

INVESTIGATIONWITNESS ROLE AND PARTICIPATION IN THE INVESTIGATION

After an interview, Parties and witnesses will be asked to verify the accuracyof the recording, transcript, or summary of their interview. They may submitchanges, edits, or clarifications. If the Parties or witnesses do not respondwithin the time period designated for verification, objections to the accuracyof the recording, transcript, or summary will be deemed to have been waived,
and no changes will be permitted.

All investigations are thorough, reliable, impartial, prompt, and fair. They
involve interviewing all relevant Parties and witnesses, obtaining relevant
evidence, and identifying sources of expert information, as necessary.

Employees (not including Complainant and Respondent) are required tocooperate with and participate in OU’s investigation and Resolution Process.
Student witnesses and witnesses from outside OU community cannot be required to participate but are encouraged to cooperate with OU investigations
and to share what they know about a Complaint.

OU may consolidate Complaints against more than one Respondent, or bymore than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern,
collusion, and/or other shared or similar actions.

Interviews may be conducted in person, via online video platforms (e.g.,
Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by
telephone. OU will take appropriate steps to ensure the security/privacy of
remote interviews.

The Investigator(s) typically take(s) the following steps, if not already completed and not necessarily in this order:

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by
the Investigator(s), though not preferred.

••

INTERVIEW RECORDING•

It is standard practice for Investigators to create record of all interviews
pertaining to the Resolution Process. The Parties may review copies of theirown interviews upon request. No unauthorized audio or video recording of
any kind is permitted during investigation meetings.

•

All interviews are recorded, and all involved persons should be made awareof the audio and/or video recording. The recording and/or transcript of
those meetings will be provided to the Parties for their review, after which
the Parties may pose additional questions to each other. Those subsequentmeetings or interviews are also recorded and/or transcribed and sharedwith the Parties.

••

EVIDENTIARY CONSIDERATIONSThe Investigator(s) and the Decision-maker(s) will only consider evidence
that is deemed relevant and not otherwise impermissible.

•

Relevant Evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.

•

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about theComplainant’s prior sexual conduct is offered to prove that someone otherthan the Respondent committed the alleged conduct, or 2) is evidence
about specific incidents of the Complainant’s prior sexual conduct with the
Respondent that is offered to prove consent.

•

The fact of prior consensual sexual conduct occurred between the Complainant and Respondent does not by itself demonstrate or imply the Com-

•

•

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Determine the identity and contact information of the Complainant.
Identify all offenses implicated by the alleged misconduct and notify theComplainant and Respondent of all specific policies implicated.
Assist the Title IX Coordinator, if needed, with conducting a prompt initial
evaluation to determine if the allegations indicate a potential Policy violation.
Work with the Title IX Coordinator, as necessary, to prepare the initial
NOIA. The NOIA may be amended with any additional or dismissed allegations.
Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including awitness list, evidence list, intended investigation timeframe, and orderof interviews for the Parties and witnesses.
When participation of a party is expected, provide that party with written
notification of the date, time, and location of the meeting, as well as the
expected participants and purpose.
Make good faith efforts to notify each party of any meeting or interview
involving another party, in advance when possible.
Interview the Complainant and the Respondent and conduct any necessary follow-up interviews with each.
Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
Provide each interviewed party and witness an opportunity to review
and verify the Investigator’s summary notes (or transcript or recording)of the relevant evidence/testimony from their respective interviews andmeetings.
Allow each party the opportunity to suggest witnesses and questions
they wish the Investigator(s) to ask of another party and/or witnesses.

•
•
•

•

•

•

•

Document which questions were asked with a rationale for any changes
or omissions in the investigation report.
Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
Provide the Parties with regular status updates throughout the investigation.
Prior to the conclusion of the investigation, provide the Parties and theirrespective Advisors with a list of witnesses whose information will be
used to render a finding.
Ask the Parties to provide a list of questions they would like asked of theother party or any witnesses. The Investigator will ask those questions
deemed relevant, and for any question deemed not relevant, will provide
a rationale for not asking the question.
Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party
and witness interviews, and provides all relevant evidence.
Provide the Parties and their respective Advisors an electronic copy ofthe draft investigation report as well as an opportunity to inspect andreview all relevant evidence obtained as part of the investigation for areview and comment period of ten (10) business days so that each party
may meaningfully respond to the evidence. The Parties may elect towaive all or part of the review period.
The Investigator may share the investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback.

o

•

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•

•

ADMINISTRATIVE RESOLUTION PROCESS•The Administrative Resolution Process is used for all Complaints of sex
discrimination, sex-based harassment, retaliation, and Other Prohibited
Conduct (as defined in Policy) or when Informal Resolution is either notelected or is unsuccessful.

•

The Decision-maker’s Determination

The Administrative Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker to make a finding
and determine sanctions (if applicable).

•At the discretion of Title IX Coordinator, the assigned Decision-maker will be
an individual or a panel drawn from the Resolution Process Pool, or othertrained individuals either internal or external to the institution. Once theDecision-maker receives and reviews the file, they can recommend dismissal
to the Title IX Coordinator, if they believe the grounds are met.

••

The Administrative Resolution Process typically takes approximately thirty(30) business days to complete, beginning with the Decision-maker’s receiptof the Draft Investigation Report. The Parties will be regularly updated on thetiming and any significant deviation from this typical timeline.

•

Investigator-led Questioning Meetings•••

For any question deemed not relevant or duplicative, the Investigator
will provide a rationale for not asking the question, either during therecorded meeting, or in writing (typically as an appendix to the Final
Investigation Report).
Typically, within three (3) business days of the last of these meetings,
the recordings or transcripts of them will be provided to the Parties fortheir review. The Parties will then have five (5) business days to review
these recordings or transcripts and propose any follow-up questions for
the Investigator to ask.
The Investigator will review the proposed questions with the Decisionmaker to determine relevance and permissibility. If deemed necessary,
the Investigator will then meet individually with the Parties or witnesses
for whom there are relevant, and not duplicative, follow-up questions.
These follow-up meetings will also be recorded, and the Parties will
receive the recordings or transcripts of these meetings. This final roundof questioning is the last round permitted, unless permission is granted
to extend by the Decision-maker.
The Investigator will then incorporate any new, relevant evidence and information obtained through the Parties’ review of the Draft Investigation
Report, the questioning, and follow-up meetings into a Final Investigation Report.
The Investigator will also respond in writing (typically within the Final
Investigation Report) to the relevant elements of the Parties’ responses
to the Draft Investigation Report and incorporate relevant elements of
the Parties’ written responses, additional relevant evidence, and anynecessary revisions into the Final Investigation Report.
The Investigator will then share the Final Investigation Report with the
Title IX Coordinator and/or legal counsel for their review and feedback.
The Investigator will then provide the Title IX Coordinator with the Final
Investigation Report and investigation file.

The Title IX Coordinator provides the Draft Investigation Report to theDecision-maker and the Parties simultaneously for review. The Decisionmaker can then provide the Investigator with a list of relevant questions
to ask the Parties or any witnesses.
o To the extent credibility is in dispute and relevant to one or more of
the allegations, the questions provided by the Decision-maker may
also explore credibility.
The Investigator will also ask each of the Parties to provide a proposed
list of questions to ask the other Parties and any witnesses.
o To the extent credibility is in dispute and relevant to one or more of
the allegations, questions proposed by the Parties may also explore
credibility.
o All party questions must be posed during this phase of the process
and cannot be posed later unless authorized by the Decision-maker.
o The Investigator will share all party-proposed questions with theDecision-maker, who will finalize the list with the Investigator toensure all questions are both relevant and permissible.
The Investigator will then hold individual meetings with the Parties andwitnesses to ask the questions posed by the Decision-maker, as well as
the questions proposed by the Parties that have been deemed relevant
and not duplicative, including questions intended to assess credibility.
These meetings will be recorded and transcribed.

•

•

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The Title IX Coordinator will provide the Decision-maker, the Parties, andtheir Advisors with the Final Investigation Report (FIR) and investigation file, including the evidence and information obtained through theInvestigator-led Questioning meetings.
The Decision-maker will review the FIR, all appendices, and the investigation file.
If the record is incomplete, the Decision-maker may direct a re-openingof the investigation, or may direct or conduct any additional inquiry necessary, including informal meetings with the Parties or any witnesses, if
needed.
Upon reviewing the relevant evidence, the Decision-maker may alsochoose to pose additional questions:o To the extent credibility is in dispute and relevant to one or moreof the allegations, the Decision-maker may meet individually with
the Parties and witnesses to question them in order to assess their
credibility. These meetings will be recorded, and the recording ortranscript will be shared with the Parties.
o At their discretion, the Decision-maker may also meet with any
party or witness to ask additional relevant questions that will aid
the Decision-maker in making their findings. These meetings will
be recorded, and the recording or transcript will be shared with theParties.
The Decision-maker will then apply the preponderance of the evidence
standard to make a determination on each of the allegations and, if applicable, any associated sanctions.
Timeline. The Decision-maker’s determination process typically takes
approximately ten (10) business days, but this timeframe can vary basedon a number of factors and variables. The Parties will be notified of any
delays.
Impact Statements. Prior to a determination, the Title IX Coordinator will
also provide the Parties with an opportunity to submit a written impact
and/or mitigation statement. The Title IX Coordinator will review thesestatements upon receipt to determine whether there are any immediateneeds, issues, or concerns, but will otherwise hold them until after theDecision-maker has made determinations on the allegations. If there
are any findings of a Policy violation, the Decision-maker will request the
Impact Statements from the Title IX Coordinator and review them prior to•determining sanctions. They will also be exchanged between the Parties
at that time.
If it is later determined that a party or witness intentionally provided false
or misleading information, that action could be grounds for re-openinga Resolution Process at any time, and/or referring that information toanother process for resolution.

••

SANCTIONS

Withholding Diploma: OU may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible forviolating Policy.
Revocation of Degree: While very rarely exercised, OU reserves the rightto revoke a degree previously awarded from OUU for fraud, misrepresentation, and/or other violation of OU policies, procedures, or directives
in obtaining the degree, or for other serious violations committed by astudent prior to graduation.
Other Actions: In addition to, or in place of, the above sanctions, OU may
assign any other sanctions as deemed appropriate.

Factors the Decision-maker may consider when determining sanctions andresponsive actions include, but are not limited to:

•

•
•
•

Student Group and Organization Sanction

•
•
•
•
•

The nature, severity of, and circumstances surrounding the violation(s)The Respondent’s disciplinary history
The need for sanctions/responsive actions to bring an end to the sex
discrimination, sex-based harassment, and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination, sex-based harassment, and/or retaliation
The need to remedy the effects of the sex discrimination, sex-basedharassment, and/or retaliation on the Complainant and the community
The impact on the Parties
The Respondent’s acceptance of responsibility
Any other information deemed relevant by the Decision-maker(s)The following are the common sanctions that may be imposed upon student
groups or organizations singly or in combination:••

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of thewindow to appeal, without an appeal being requested.

•

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
Student Sanctions
The following are the common sanctions that may be imposed upon students
singly or in combination:
•

•

•

•

•

•

Reprimand: A formal statement that the conduct was unacceptable anda warning that further violation of any OU policy, procedure, or directive
will result in more severe sanctions/responsive actions.
Required Counseling: A mandate to meet with and engage in either OUsponsored or external counseling to better comprehend the misconduct
and its effects.
Restrictions: A student may be restricted in their activities, including, but
not limited to, being restricted from locations, programs, participation incertain activities or extracurriculars, study abroad, or holding leadershiproles in student organizations.
Probation: An official sanction for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student isfound in violation of any institutional policy, procedure, or directive withina specified period of time. Terms of the probation will be articulated
and may include denial of specified social privileges, exclusion fromextra-curricular activities, exclusion from designated areas of campus,
no-contact orders, and/or other measures deemed appropriate.
Suspension: Separation from the institution, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years,
after which the student is eligible to return. Eligibility may be contingent
upon satisfaction of specific conditions noted at the time of suspension,
on successfully applying for readmission, or upon a general condition
that the student is eligible to return if the institution determines it isappropriate to re-enroll/readmit the student. The student is typicallyrequired to vacate institutional property within 24 hours of notificationof the action, though this deadline may be extended at the discretion of
the Title IX Coordinator or other appropriate official. During an institutionwide suspension, the student is banned from institutional property, functions, events, and activities unless they receive prior written approval
from an appropriate institutional official. This sanction may be enforced
with a trespass action, as necessary.
Expulsion: Permanent separation from the institution. The student isbanned from institutional property, and the student’s presence at any
institution-sponsored activity or event is prohibited. This action may be
enforced with a trespass action, as necessary.

•••

Warning: A formal statement that the conduct was unacceptable and awarning that further violation of any OU policy, procedure, or directive will
result in more severe sanctions/responsive actions.
Probation: An official sanction for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the group ororganization is found in violation of any institutional policy, procedure,or directive within a specified period of time. Terms of the probation will
be articulated and may include denial of specified social and event privileges, denial of OU funds, ineligibility for honors and awards, restrictions
on new member recruitment, no-contact orders, and/or other measuresdeemed appropriate.
Suspension: Termination of student group or organization recognition
and/or institutional support for a defined period of time not to exceed
two (2) years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal
or informal business or participate in OU-related activities, whether theyoccur on- or off-campus. Re-recognition is possible but not guaranteed
and will only be considered after the end of the suspension period andbased on meeting all re-recognition criteria and obtaining clearance
from OU.
Expulsion: Permanent termination of student group organization recognition and revocation of the privilege to congregate and conduct businesson campus as an organization for any reason.
Loss of Privileges: Restricted from accessing specific OU privileges for a
specified period of time.
Other Actions: In addition to or in place of the above sanctions, OU may
assign any other sanctions as deemed appropriate.

Employee Sanctions/Responsive/Corrective Actions
Responsive actions for an employee who has engaged in sex discrimination,
sex-based harassment, and/or retaliation include:
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Verbal or Written Warning
Performance Improvement Plan/Management Process
Enhanced Supervision, Observation, or Review
Required Counseling
Required Training or Education
Probation
Denial of Pay Increase/Pay Grade
Loss of Oversight or Supervisory Responsibility
DemotionTransfer
Shift or schedule adjustments
Reassignment
Delay of (or referral for delay of) Tenure Track Progress
Assignment to a New Supervisor
Restriction of Stipends, Research, and/or Professional Development
Resources
Suspension/Administrative Leave with Pay
Suspension/Administrative Leave without Pay
Termination•

APPEAL OF THE DETERMINATIONOther Actions: In addition to or in place of the above sanctions/responsive actions, OU may assign any other responsive actions as deemed
appropriate.

The Title IX Coordinator will designate an Appeal Decision-maker — either athree-member panel, or an individual chosen from the Pool, or other trainedinternal or external individuals, to hear the appeal. No Appeal Decisionmaker(s) will have been previously involved in the Resolution Process for
the Complaint, including in any supportive measure challenge or dismissal
appeal that may have been decided earlier in the process. If a panel is used,
a voting chair will be designated by the Title IX Coordinator.

NOTICE OF OUTCOME
Within ten (10) business days of the conclusion of the Resolution Process,the Title IX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy
violation, all applicable sanctions that OU is permitted to share pursuant tostate or federal law, and a detailed rationale, written by the Decision-maker,
supporting the findings to the extent OU is permitted to share under federal
or state law.

Appeal Grounds
Appeals are limited to the following grounds:
1) A procedural irregularity that would change the outcome.
2) New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility was
made.
3) The Title IX Coordinator, Investigator(s), or Decision-maker(s) had aconflict of interest or bias for or against complainants or respondents
generally or the specific Complainant or Respondent that would change
the outcome.
4) The Final Determination is substantially contrary to the weight of theevidence in the record (applicable to sanctions of suspension, expulsion,or termination, only).
5) The sanctions fall outside the range of sanctions designated for thisoffense, considering the cumulative conduct/disciplinary record of the
Respondent (applicable to sanctions of suspension, expulsion, or termination, only).

The notification will also detail the Parties’ equal rights to appeal, thegrounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.
The Title IX Coordinator will provide the Parties with the outcome notification
simultaneously, or without significant time delay between notifications. The
written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address
as indicated in official OU records, or emailed to the Parties’ OU-issued ordesignated email account. Once mailed, emailed, and/or received in person,
the outcome notification is presumptively delivered.

WITHDRAWAL OR RESIGNATIONBEFORE COMPLAINT RESOLUTION
Students
Should a student Respondent decide not to participate in the Resolution
Process, the process proceeds absent their participation to a reasonable
resolution. If a student Respondent withdraws from OU, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion todismiss the Complaint. If the Complaint is dismissed, OU will still provide reasonable supportive or remedial measures as deemed necessary to address
safety and/or remedy any ongoing effects of the alleged sex discrimination,
sex-based harassment, and/or retaliation.

Request for Appeal
Any party may submit a written request for appeal (“Request for Appeal”) to
the Title IX Coordinator within five (5) business days of the delivery of the
Notice of Outcome.
The Request for Appeal will be forwarded to the Appeal Decision-maker forconsideration to determine if the request meets the grounds for appeal (aReview for Standing). This is not a review of the merits of the appeal, butsolely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, OU will continue to address and remedy
any systemic issues or concerns that may have contributed to the alleged
violation(s), and any ongoing effects of the alleged sex discrimination, sexbased harassment, and/or retaliation.

If the Request for Appeal does not provide information that meets thegrounds in this Policy, the request will be denied by the Appeal Decisionmaker, and the Parties and their Advisors will be simultaneously notified inwriting of the denial and the rationale.

When a student withdraws or leaves while the process is pending, the student may not return to OU in any capacity until the Complaint is resolved
and any sanctions imposed are satisfied. If the student indicates they will
not return, the Title IX Coordinator has discretion to dismiss the Complaint.
The Registrar, Office of Admissions, and, if applicable, Human Resources
may be notified.

If any of the information in the Request for Appeal meets the grounds in thisPolicy, then the Appeal Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.
All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a
copy of the Request for Appeal with the approved grounds and then be given
five (5) business days to submit a response to the portion of the appeal that
was approved and involves them. The Appeal Decision-maker will forward all
responses, if any, to all Parties for review and comment.

If the student Respondent takes a leave for a specified period of time (e.g.,
one semester or term), the Resolution Process may continue remotely. If
found in violation, that student is not permitted to return to OU unless anduntil all sanctions, if any, have been satisfied.
Employees

The non-appealing party (if any) may also choose to appeal at this time. If
so, that Request for Appeal will be reviewed by the Appeal Decision-maker todetermine if it meets the grounds in this Policy and will either be approved ordenied. If approved, it will be forwarded to the party who initially requested
an appeal, the Title IX Coordinator, and the Investigator(s) and/or original
Decision-maker, as necessary, who will submit their responses, if any, within
five (5) business days. Any such responses will be circulated for review andcomment by all Parties. If denied, the Parties and their Advisors will be notified accordingly, in writing.

Should an employee Respondent decide not to participate in the Resolution
Process, the process proceeds absent their participation to a reasonable
resolution. If an employee Respondent leaves their employment with OU withunresolved allegations pending, the Resolution Process may continue, or the
Title IX Coordinator may exercise their discretion to dismiss the Complaint.
If the Complaint is dismissed, OU may still provide reasonable supportive or
remedial measures as deemed necessary to address safety and/or remedy
any ongoing effects of the alleged sex discrimination, sex-based harassment,
and/or retaliation.

No party may submit any new Requests for Appeal after this time period. The
Appeal Decision-maker will collect any additional information needed and all
documentation regarding the approved appeal grounds, and the subsequent
responses will be shared with the Appeal Decision-maker, who will promptly
render a decision.

When an employee resigns and the Complaint is dismissed, the employee
may not return to OU in any capacity. Human Resources will be notified, accordingly, and a note will be placed in the employee’s file that they resignedwith allegations pending and are not eligible for academic admission orrehire with OU. The records retained by the Title IX Coordinator will reflectthat status.

Appeal Determination Process
In most cases, appeals are confined to a review of the written documentation
or record of the original determination and pertinent documentation regard25

ing the specific appeal grounds. The Appeal Decision-maker will deliberate
as soon as is practicable and discuss the merits of the appeal.

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Appeal decisions are to be deferential to the original determination, making
changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. Alldecisions are made by majority vote and apply the preponderance of theevidence standard of proof.
An appeal is not an opportunity for the Appeal Decision-maker to substitutetheir judgment for that of the original Decision-maker merely because they
disagree with the finding and/or sanction(s).
The Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if
needed. The Title IX Coordinator will maintain documentation of all suchconsultation.

At the discretion of the Title IX Coordinator, certain long-term supportive
measures may also be provided to the Parties even if no Policy violation isfound.

Appeal Outcome

When no Policy violation is found, the Title IX Coordinator will address any
remedies OU owes the Respondent to ensure no effective denial of educational access.

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s)and/or Decision-maker with corrective instructions for reconsideration.
In rare circumstances where an error cannot be cured by the original
Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in casesof bias), the Appeal Decision-maker may order a new investigation and/or a
new determination with new Pool members serving in the Investigator andDecision-maker roles.

OU will maintain the confidentiality of any long-term remedies/actions/
measures, provided confidentiality does not impair OU’s ability to provide
these services.

FAILURE TO COMPLY WITH SANCTIONS, RESPONSIVE ACTIONS,
AND/OR INFORMAL RESOLUTION TERMS

A Notice of Appeal Outcome letter (“Appeal Outcome”) will be sent to all Parties simultaneously, or without significant time delay between notifications.
The Appeal Outcome will specify the finding on each appeal ground, any
specific instructions for remand or reconsideration, all sanction(s) that may
result which OU is permitted to share according to federal or state law, andthe rationale supporting the essential findings to the extent OU is permitted
to share under federal or state law.

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within thetimeframe specified by the final Decision-maker(s), including the Appeal
Panel or Decision-maker or the Informal Resolution agreement.
Failure to abide by the sanction(s)/action(s) imposed by the date specified,whether by refusal, neglect, or for any other reason, may result in additionalsanction(s)/action(s), including suspension, expulsion, and/or terminationfrom OU.

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ OU-issued email
or otherwise approved account. Once mailed, emailed, and/or received inperson, the Appeal Outcome will be presumptively delivered.

Supervisors are expected to enforce the completion of sanctions/responsive
actions for their employees.
A suspension imposed for non-compliance with sanctions will only be lifted
when compliance is achieved to the Title IX Coordinator’s satisfaction.

Once an appeal is decided, the outcome is final and constitutes the Final
Determination; further appeals are not permitted, even if a decision or
sanction is changed on remand (except in the case of a new determination).
When appeals result in no change to the finding or sanction, that decision
is final. When an appeal results in a new finding or sanction, that finding or
sanction can be appealed one final time on the grounds listed above and inaccordance with these procedures.

RECORDKEEPING
For a period of at least seven (7) years following the conclusion of the Resolution Process, OU will maintain records of:1) Each sex discrimination, sex-based harassment, and retaliation resolution process, including any Final Determination regarding responsibility
or appeal, and any audio or audiovisual recording or transcript required
under federal regulation.
2) Any disciplinary sanctions imposed on the Respondent.
3) Any supportive measures provided to the Parties and any remedies
provided to the Complainant or the community designed to restore orpreserve equal access to OU’s education program or activity.
4) Any appeal and the result therefrom.
5) Any Informal Resolution and the result therefrom.
6) All materials used to provide training to the Title IX Coordinator anddesignees, Investigators, Decision-makers, Appeal Decision-makers,
Informal Resolution Facilitators, and any person who is responsiblefor implementing OU’s Resolution Process, or who has the authority tomodify or terminate supportive measures. OU will make these training
materials available for review upon request.
7) All materials used to train all employees consistent with the requirements in the Title IX Regulations.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on
any of the five (5) available appeal grounds.
Sanction Status During the Appeal
Any sanctions imposed as a result of the determination are stayed (i.e., notimplemented) during the appeal process, and supportive measures may be
maintained or reinstated until the appeal determination is made.
If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures (detailed
above) for a “show cause” meeting on the justification for doing so must be
permitted within two (2) business days of implementation.

LONG-TERM REMEDIES/OTHER ACTIONS
Following the conclusion of the Resolution Process, and in addition to any
sanctions implemented or Informal Resolution terms, the Title IX Coordinator
may implement additional long-term remedies or actions with respect to theParties and/or the OU community that are intended to stop the sex discrimination, sex-based harassment, and/or retaliation, remedy the effects, andprevent recurrence.

OU will also maintain any and all records in accordance with federal andstate laws.

These remedies/actions may include, but are not limited to:•••

Education to the individual and/or the community
Permanent alteration of housing assignments
Permanent alteration of work arrangements for employees
Provision of campus safety escorts
Climate surveys
Policy modification and/or training
Provision of transportation assistance
Implementation of long-term contact limitations between the Parties
Implementation of adjustments to academic deadlines, course schedules, etc.

Referral to counseling and health services
Referral to the Employee Assistance Program
Course and registration adjustments, such as retroactive withdrawals
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ACCOMMODATIONS AND SUPPORT DURING THE RESOLUTIONoPROCESS
Disability Accommodations
OU is committed to providing reasonable accommodations and support toqualified students, employees, or others with disabilities to ensure equal
access to OU’s Resolution Process.
Anyone needing such accommodations or support should contact the Title
IX Coordinator, who will work with the local Student Support Specialist as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate
and necessary for full process participation.
Other Support
OU will also address reasonable requests for support for the Parties andwitnesses, including:•••

Language services/Interpreters
Access and training regarding use of technology throughout the Resolution Process
Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process••

REVISION OF THESE PROCEDURES
These procedures succeed any previous procedures addressing sex discrimination, sex-based or sexual harassment, and retaliation for incidents
occurring on or after August 1, 2024. The Title IX Coordinator will regularly
review and update these procedures. OU reserves the right to make changes
to this document as necessary, and once those changes are posted online,
they are in effect.

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If governing laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed
to comply with the most recent governing laws, regulations, or court holdings.

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This document does not create legally enforceable protections beyond theprotections of the background federal and state laws that frame such policies and codes, generally.

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These procedures are effective August 1, 2024•

Based on the 2024 ATIXA Title IX Model Policty and Procedures (AMPP).
©2024 ATIXA. Used with permission.

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APPENDIX A: DEFINITIONS•

The following definitions apply to the Ottawa University Title IX Policy andProcess
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Advisor. Any person chosen by a party, or appointed by the institution,
who may accompany the party to all meetings related to the Resolution
Process and advise the party on that process.
Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the OU Title IX Policy and Process As used in thesepolicies and procedures, the “Title IX Coordinator” also includes theirdesignee(s).
Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds
are met, and directs responsive action(s) accordingly.
Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-basedharassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that
could constitute sex discrimination, sex-based harassment, retaliation,
or Other Prohibited Conduct under the Policy and who was participating
or attempting to participate in OU’s education program or activity at thetime of the alleged sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct.
Complaint. An oral or written request to OU that can objectively be understood as a request for OU to investigate and make a determination about
the alleged Policy violation(s).
Confidential Employee.

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An employee whose communications are privileged or confidential
under federal or state law. The employee’s confidential status,
for purposes of this definition, is only with respect to information
received while the employee is functioning within the scope of theirduties to which privilege or confidentiality applies; oro An employee whom OU has designated as confidential under thisPolicy for the purpose of providing services to persons related to sex
discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct. If the employee also has a duty not associated with
providing those services, the employee’s confidential status only
applies with respect to information received about sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct
in connection with providing those services; oro An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination, sex-based harassment, retaliation, orOther Prohibited Conduct. The employee’s confidential status only
applies with respect to information received while conducting thestudy.
Day. A business day when OU is in normal operation. All references in
the Policy to days refer to business days unless specifically noted as
calendar days.
Decision-maker. The person or panel who reviews evidence, determines
relevance, and makes the Final Determination of whether Policy has
been violated and/or assigns sanctions.
Education Program or Activity. Locations, events, or circumstances where
OU exercises substantial control over the context in which the sex
discrimination, sex-based harassment, retaliation, or Other Prohibited
Conduct occurs and also includes any building owned or controlled by astudent organization that OU officially recognizes.
Employee. A person employed by OU either full- or part-time, including
student employees when acting within the scope of their employment.
Final Determination. A conclusion by the standard of proof that the alleged
conduct did or did not violate Policy.
Finding. A conclusion by the standard of proof that the conduct did or did
not occur as alleged (as in a “finding of fact”).
Informal Resolution. A resolution agreed to by the Parties and approved by
the Title IX Coordinator that occurs prior to a Final Determination in the
Resolution Process.
Investigation Report. The Investigator’s summary of all relevant evidence
gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
Investigator. The person(s) authorized by OU to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize
the evidence, and compile this information into an Investigation Report.
Knowledge. When OU receives Notice of conduct that reasonably may
constitute sex discrimination, sex-based harassment, retaliation, orOther Prohibited Conduct in its Education Program or Activity.
Mandated Reporter. An OU employee who is obligated by Policy to share
Knowledge, Notice, and/or reports of sex discrimination, sex-basedharassment, retaliation, or Other Prohibited Conduct with the Title IX
Coordinator.*
Notice. When an employee, student, or third party informs the Title IX
Coordinator of the alleged occurrence of sex discrimination, sex-basedharassment, retaliation, or Other Prohibited Conduct.
Parties. The Complainant(s) and Respondent(s), collectively.
Pregnancy or Related Conditions. Pregnancy, childbirth, termination ofpregnancy, or lactation, medical conditions related thereto, or recovery
therefrom.
Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged sex discrimination, sex-based harassment,
retaliation, or Other Prohibited Conduct occurred, or in determining thecredibility of the Parties or witnesses.
Remedies. Typically, post-resolution actions directed to the Complainant
and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to OU’s Education Programand Activity.

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Resolution Process. The investigation and resolution of allegations ofprohibited conduct under this Policy, including Informal Resolution and
Administrative Resolution.
Respondent. A person who is alleged to have engaged in conduct that
could constitute sex discrimination, sex-based harassment, retaliationfor engaging in a protected activity under this Policy, or Other Prohibited
Conduct.
Sanction. A consequence imposed on a Respondent who is found to haveviolated this Policy.
Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Student. Any person who has gained admission.
Title IX Coordinator. At least one official designated by OU to ensure ultimate oversight of compliance with Title IX and OU’s Title IX program. References to the Coordinator throughout the Policy may also encompass adesignee of the Coordinator for specific tasks.
Title IX Team. The Title IX Coordinator, any deputy coordinators, and any
member of the Resolution Process Pool.

tight as possible to preserve the Parties’ rights and privacy, and release isgoverned by the institution’s unauthorized disclosure policy.
OU may contact students’ parents/guardians to inform them of situations inwhich there is a significant and articulable health and/or safety risk but willusually consult with the student prior to doing so.

APPENDIX C: TRAINING FOR MEMBERS OF
THE RESOLUTION PROCESS POOLAll Investigators, Decision-makers, and other persons who are responsiblefor implementing OU’s Title IX policies and procedures will receive training
related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX, and annually thereafter. Materials
will not rely on sex stereotypes. Training topics include, but are not limited to:••••* Not to be confused with those mandated by state law to report child abuse, elder
abuse, and/or abuse of persons with disabilities to appropriate officials, though these
responsibilities may overlap with those who have mandated reporting responsibility
under this Policy.

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APPENDIX B: PRIVACY, PRIVILEGE,
AND CONFIDENTIALITY

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For the purpose of this Policy, the terms privacy, confidentiality, and privilege
have distinct meanings.
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Privacy. Means that information related to a complaint will be sharedwith a limited number of OU employees who “need to know” in order
to assist in providing supportive measures or evaluating, investigating,or resolving the Complaint. All employees who are involved in OU’s response to Notice under this Policy receive specific training and guidance
about sharing and safeguarding private information in accordance withfederal and state law.
• Confidentiality. Exists in the context of laws or professional ethics (including Title IX) that protect certain relationships, including clinical care,mental health providers, and counselors. Confidentiality also applies
to those designated by OU as Confidential Employees for purposes ofreports under this Policy, regardless of legal or ethical protections. Whena Complainant shares information with a Confidential Employee, theConfidential Employee does not need to disclose that information to the
Title IX Coordinator. The Confidential Resource will, however, provide theComplainant with the Title IX Coordinator’s contact information, assist
the Complainant in reporting, if desired, obtain information on further
resources. With respect to Confidential Employees, information may bedisclosed when: (1) the reporting person gives written consent for its
disclosure; (2) there is a concern that the person will likely cause serious
physical harm to self or others; or (3) the information concerns conduct
involving suspected abuse or neglect of a minor under the age of 18,
elders, or persons with disabilities. Non-identifiable information may
be shared by Confidential Employees for statistical tracking purposes
as required by the Clery Act/Violence Against Women Act (VAWA). Other
information may be shared as required by law.
• Privilege. Exists in the context of laws that protect certain relationships,
including attorneys, spouses, and clergy. Privilege is maintained by aprovider unless a court orders release or the holder of the privilege (e.g.,a client, spouse, parishioner) waives the protections of the privilege. OU
treats employees who have the ability to have privileged communications as Confidential Employees.
OU reserves the right to determine which OU officials have a legitimate
educational interest in being informed about student-related incidents thatfall under this Policy, pursuant to the Family Educational Rights and Privacy
Act (FERPA).

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Only a small group of officials who need to know will typically be told about
the Complaint. Information will be shared as necessary with Investigators,
Decision-makers, Appeal Decision-makers, witnesses, the Parties, and theParties’ Advisors. The circle of people with this knowledge will be kept as•

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The role of the Title IX Coordinator
The scope of the Ottawa University Title IX Policy and Procedures
OU’s Resolution Process
How to conduct a sex discrimination resolution process consistently,
including issues of disparate treatment, disparate impact, sex-basedharassment, quid pro quo, hostile environment harassment, and retaliation
How to conduct investigations that protect the safety of Complainants
and Respondents, and promote accountability
Implicit bias and confirmation bias
Treating Parties equitably
Reporting, confidentiality, and privacy requirements
Applicable laws, regulations, and federal regulatory guidance
How to implement appropriate and situation-specific remedies
How to investigate in a thorough, reliable, timely, and impartial mannerTrauma-informed practices pertaining to investigations and resolution
processes
How to uphold fairness, equity, and due process
How to weigh evidence
How to conduct questioning
How to assess credibility
Impartiality and objectivity
How to render findings and generate clear, concise, evidence-based
rationales
The definitions of all prohibited conduct
How to conduct an investigation and grievance process, including administrative resolutions, appeals, and Informal Resolution Processes
How to serve impartially by avoiding prejudgment of the facts at issue,
conflicts of interest, and bias against Respondents and/or for Complainants
The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible
regardless of relevance under the Title IX Regulations
Issues of relevance and creating an Investigation Report that fairly summarizes relevant and not impermissible evidence
How to determine appropriate sanctions in reference to all forms ofharassment, discrimination, and/or retaliation allegations
Recordkeeping
Training for Informal Resolution facilitators on the rules and practices
associated with OU’s Informal Resolution process
Supportive Measures
Clery Act/VAWA requirements applicable to Title IX
OU’s obligations under Title IX
How to apply definitions used by OU with respect to consent (or theabsence or negation of consent) consistently, impartially, and in accordance with Policy
Reasonable modifications and specific actions to prevent discriminationand ensure equal access for pregnancy or related conditions
Any other training deemed necessary to comply with Title IXAPPENDIX D: 2024 TITLE IX OFFENSEREGULATORY DEFINITIONS••SEXUAL ASSAULT
Any sexual act, including Rape, Sodomy, Sexual Assault with an Object, or
Fondling directed against another person, without the consent of the victim,
including instances where the victim is incapable of giving consent; also
unlawful sexual intercourse.** This definition of sexual assault does not constitute a chargeable offense under the
Policy. It is a description encompassing the six chargeable offenses listed below it.

Rape
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Penetration,
without the consent of the Complainant,including instances where the Complainant is incapable of giving consent• because of their age or• because of their temporary or permanent mental or physical incapacity* For purposes of this Policy, violence is defined as intentionally or recklessly causing
the Complainant physical, emotional, or psychological harm. Legitimate use of violence
for self-defense is not chargeable under this Policy because the purpose is safety, notharm. Consensual use of violence, such as in kink relationships, would also not meetthis definition, in most circumstances.

Domestic Violence•

Sodomy••••Oral or anal penetration
Of the Complainant by the Respondent
without the consent of the Complainant,including instances where the Complainant is incapable of giving consent• because of their age or• because of their temporary or permanent mental or physical incapacity
Respondent’s use of an object or instrument
to unlawfully penetrate, however slightly, the genital or anal openingof the body of the Complainant,without the consent of the Complainant,including instances where the Complainant is incapable of giving consent• because of their age or• because of their temporary or permanent mental or physical incapacity

Fondling••••

The touching of the private body parts (breasts, buttocks, groin) of theComplainant by the Respondentor causing the Complainant to touch the Respondent’s private bodyparts
intentionally for a sexual purpose
without the consent of the Complainant, including instances where theComplainant is incapable of giving consent• because of their age or• because of their temporary or permanent mental incapacity or physical incapacity.

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Nonforcible sexual intercourse between persons who are related to eachotherwithin the degrees wherein marriage is prohibited by state law.

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Nonforcible sexual intercourse with a person
who is under the statutory age of consent in the states of Arizona andWisconsin (18 years of age).

Dating Violence:•

Violence* committed by a Respondent,

engaging in a course of conduct* on the basis of sex, that is,directed at a specific person that would cause a reasonable person** to:• fear for the person’s safety, or• the safety of others; or• suffer substantial emotional distress.**** For purposes of this definition, “A ‘course of conduct’ requires that there be morethan one incident and the conduct must be directed at a specific person. Stalking
can occur in person or using technology, and the duration, frequency, and intensityof the conduct should be considered. Stalking tactics can include, but are not limited
to, watching, following, using tracking devices, monitoring online activity, unwanted
contact, property invasion or damage, hacking accounts, threats, violence, sabotage,
and attacks. (Federal Register, Vol 89, No. 83, 04/29/2024, p. 33523). Merely annoying conduct, even if repeated, is a nuisance, but is not typically chargeable as stalking.
** Reasonable person is an objective standard meaning a person in the Complainant’s
shoes (having similar characteristics/demographics to the Complainant).
*** In the context of stalking, a Complainant is not required to obtain medical or otherprofessional treatment, and counseling is not required to show substantial emotional
distress.

APPENIX E: STATEMENT OF PARTIES’ RIGHT
Under this Policy and procedures, the Parties have the right to:•••

Statutory Rape••

commits acts against a youth or adult Complainant who is protectedfrom those acts under the family or domestic violence laws of thestate.

Stalking

Incest•Felony or misdemeanor crimes committed by a person who:
• is a current or former spouse or intimate partner of the Complainant
under the family or domestic violence state laws or a person similarly situated to a spouse of the Complainant;• is cohabitating with, or has cohabitated with, the Complainant as a
spouse or intimate partner;• shares a child in common with the Complainant; or•Sexual Assault with an Object
•
•
•
•
•

who is in or has been in a social relationship of a romantic or intimate
nature with the Complainant; andwhere the existence of such a relationship shall be determined based ona consideration of the following factors:• length of the relationship• type of relationship• frequency of the interaction between the Parties involved in therelationship.

•
•
•
•

29

An equitable investigation and resolution of all credible allegations ofprohibited sex discrimination, sex-based harassment, retaliation, andOther Prohibited Conduct, when reported in good faith to OU officials.
Timely written notice of all alleged violations, including the identity of theParties involved (if known), the specific misconduct being alleged, thedate and location of the alleged misconduct (if known), the implicated
Policies and procedures, and possible sanctions.
Timely written notice of any material adjustments to the allegations (e.g.,
additional incidents or allegations, additional Complainants) by updating
the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify
potentially implicated Policy violations.
Be informed in advance of any OU public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
Have all personally identifiable information protected from OU’s releaseto the public without consent, except to the extent permitted by law.
Be treated with respect by OU officials.
Have OU Policy and these procedures followed without material deviation.

•

•

•

•

•

•

•

•

•
•
•

•

•
•
•

•
•
•

Voluntarily agree to resolve allegations under this Policy through Informal
Resolution without OU pressure, if Informal Resolution is approved by
the Title IX Coordinator.
Not be discouraged by OU officials from reporting sex discrimination,
sex-based harassment, retaliation, and Other Prohibited Conduct to bothon-campus and off-campus authorities.
Be informed of options to notify proper law enforcement authorities,
including on-campus and local police, and the option(s) to be assisted by
OU in notifying such authorities, if the party chooses. This also includes
the right to not be pressured to report.
Have allegations of violations of this Policy responded to promptly andwith sensitivity by OU law enforcement, security, and/or other OU officials.
Be informed of available supportive measures, such as counseling,
advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on-campus and in the community.
A OU-implemented no-contact order or a no-trespass order against a
non-affiliated third party when a person has engaged in or threatens toengage in stalking, threatening, harassing, or other improper conduct.
Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of sex discrimination,
sex-based harassment, retaliation, and/or Other Prohibited Conduct ifsuch changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur for this option to beavailable. Such actions may include, but are not limited to:o Relocating a residential student’s housing to a different on-campus
locationo Assistance from OU staff in completing the relocationo Changing an employee’s work environment (e.g., reporting structure,
office/workspace relocation)o Transportation assistanceo Visa/immigration assistanceo Arranging to dissolve a housing contract and provide a pro-rated
refundo Rescheduling or adjusting an exam, paper, and/or assignmento Receiving an incomplete in, or a withdrawal from, a class (may beretroactive)o Transferring class sectionso Temporary withdrawal/leave of absence (may be retroactive)o Campus safety escortso Alternative course completion options
Have OU maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair the
OU’s ability to provide the supportive measures.
Receive sufficiently advanced written notice of any OU meetings or interviews involving another party, when possible.
Identify and have the Investigator(s) and/or Decision-maker question
relevant available witnesses, including expert witnesses.
Provide the Investigator(s)/Decision-maker with a list of questions that, if
deemed relevant and permissible by the Investigator(s)/Decision-maker,
may be asked of any party or witness.
Have Complainant’s inadmissible sexual interests/prior sexual history
or any Party’s irrelevant character evidence excluded by the Decisionmaker.
Access the relevant evidence obtained and respond to that evidence.
A fair opportunity to provide the Investigator(s) with their account of thealleged misconduct and have that account be on the record.
Receive a copy of all relevant and permissible evidence obtained during
the investigation, subject to privacy limitations imposed by federal andstate law, and be given ten (10) business days to review and commenton the evidence.
The right to receive a copy of the Final Investigation Report, including all
factual, Policy, and/or credibility analyses performed.
Be informed of the names of all witnesses whose information will be
used to make a finding, in advance of that finding, when relevant.
Regular status updates on the investigation and/or Resolution Process.

•Have reports of alleged Policy violations addressed by Resolution
Process Pool members who have received relevant annual training as
required by law.
• A Decision-making panel that is not single sex in its composition, if apanel is used.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.
• Meetings and interviews that are closed to the public.
• Petition that any OU representative in the process be recused on thebasis of disqualifying bias and/or conflict of interest.
• Be able to select an Advisor of their choice to accompany and assist the
party in all meetings and/or interviews associated with the Resolution
Process.
• Apply the appropriate standard of proof, preponderance of the evidence,
to make a Finding and Final Determination after an objective evaluationof all relevant and permissible evidence.
• Have an impact and/or mitigation statement considered by the Decisionmaker following a determination of responsibility for any allegation, but
prior to sanctioning.
• Be promptly informed of the Resolution Process finding(s) andsanction(s) (if any) and be given a detailed rationale of the decision(including an explanation of how credibility was assessed) in a written
outcome letter delivered to the Parties simultaneously (without undue
delay).
• Be informed in writing of when an OU decision is considered final andany changes to the Final Determination or sanction(s) that occur post
outcome letter delivery.
• Be informed of the opportunity to appeal the Resolution Process
finding(s) and sanction(s), and the procedures for doing so in accordance with OU’s grounds for appeal.
A fundamentally fair resolution as defined in these procedures.

30

Violence Against Women Act
VIOLENCE AGAINST WOMEN ACT (“VAWA”)
OFFENSES: PREVENTION, SAFETY, SPECIALPROCEDURES

Programs are informed by evidence-based research and/or are assessed
for their effectiveness. Climate surveys are done at least every other year.
Bystander engagement is encouraged through safe and positive intervention
techniques and by empowering third-party intervention and prevention suchas calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights theneed for those who intervene to ensure their own safety in the intervention
techniques they choose and motivates them to intervene as stakeholders
in the safety of the community when others might choose to be bystanders.

Ottawa University’s Sexual Misconduct Policy prohibits sexually violent
acts, termed “Sexual Misconduct” by the University which can be crimes aswell. Sexual misconduct includes non-consensual sexual intercourse, nonconsensual sexual contact, sexual exploitation, interpersonal/relationshipviolence, sex/gender-based stalking, and sexual harassment. While Ottawa
utilizes different standards and definitions than State (Arizona, Kansas,
and Wisconsin) Statutes, sexual misconduct often overlaps with the crimesof rape, sexual assault, sexual harassment, stalking, dating violence, anddomestic violence. Victims of these behaviors are protected by federal laws,
specifically Title IX (Ottawa University Title IX Information)and the Clery Act,
which mandates the contents of this report. This portion of the Clery Report
is required by the Violence Against Women Act (“VAWA”) and informs peopleof intersection between the University Policy, the Clery definitions for sexual
misconduct crimes, and state definitions. This portion also provides a summary of the information that can be found in the Ottawa Sexual Misconduct
Policy, which provides more detailed information on the University’s policies,
procedures, protections, and educational and preventive programs.

In the event that sexual misconduct, gender-based violence, or the crimesof sexual assault, stalking, dating violence, or domestic violence do occur,
the University takes the matter very seriously. The University employs interim protection measures such as interim suspensions and/or no contact
orders in any case where a student’s behavior represents a risk of violence,
threat, pattern, or predation. If a student is accused of sexual misconduct,other gender-based violence, or the crimes of rape, sexual assault, sexual
harassment, stalking, dating violence, or domestic violence, s/he is subject
to action in accordance with the Sexual Misconduct Policy in the student
handbook. A student wishing to officially report such an incident may do soby contacting the Title IX Coordinator, Carrie Stevens (785-248-2326; carrie.
stevens@ottawa.edu), the Deputy Title IX Coordinator (located at OUAZ), Alex
Blaser (623-233-7564; alex.blaser@ottawa.edu), or the Complaint Hotline(844-719-2846). Anyone with knowledge about sexual misconduct, genderbased violence, or the crimes of rape, sexual assault, sexual harassment,
stalking, dating violence, or domestic violence is encouraged to report it
immediately. Protective measures for victims are available from the campus
whether a victim chooses to report to local and/or campus law enforcement,
and irrespective of whether a victim pursues a formal complaint through the
University resolution process.

In an effort to reduce the risk of sexual misconduct as well as the crimes ofrape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, the University utilizes a rangeof campaigns, strategies, and initiatives to promote awareness, educational,
risk reduction, and prevention programming.
It is the policy of the University to offer programming to identify and prevent
domestic violence, dating violence, sexual assault (including stranger andknown offender assaults), and stalking each year. Educational programs
are offered to raise awareness for all incoming students and employees
and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. Programs andother campaigns offered throughout the year to all students and employees
include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, andbystander intervention), and discuss institutional policies on sexual misconduct as well as legal definitions of domestic violence, dating violence, sexualassault, stalking, and consent in reference to sexual activity. Programs alsooffer information on risk reduction that strives to empower victims, how torecognize warning signals and how to avoid potential attacks, and do so
without victim-blaming approaches. Some programs that have been offeredby Ottawa residential campuses include Take Back the Night events, Sexual
Assault Awareness Week (“Do’s and Dough-not’s”, speakers, “What Were
You Wearing” display, extra presence of outside advocates on campus),orientation programs focus on real-life scenarios that college students may
face. Ottawa believes that sexual assault education and prevention extends
also to programming related to drug and alcohol abuse and strives to provide
programs and events such as Alcohol and Drug Abuse Awareness Week,
Mocktail Nights, many free opportunities for student entertainment such as
free sporting events, bowling, free movies, magicians and hypnotists, andgroup transportation to events students may not otherwise be able to attend.
Students are provided with easy access to information for resources throughour website, handbooks, Annual Security Reports, counseling centers, andinformational magnets with important contact numbers were handed out at
Fall 2020 Orientation at the Kansas residential campus. Ottawa University
recently created an informal “Title IX Team” which is made up of both internaland external university members. This team and meets quarterly to discuss
University issues as well as national issues and develops training and educational programs and discusses trends in both prevention and education.

It is the policy of Ottawa University to not automatically notify local law enforcement when sexual misconduct occurs, unless a victim wishes or there
is an emergency threat to health or safety. Victims have the option to notify
law enforcement directly, or to be assisted in doing so by campus authorities.
If requested, campus officials can facilitate reporting to campus or local law
enforcement, but may also respect a victim’s request not to do so.
If you are the victim of sexual misconduct, gender-based violence, or thecrimes of rape, acquaintance rape, sexual assault, sexual harassment,
stalking, dating violence, or domestic violence, some or all of these safetysuggestions may guide you after an incident has occurred:
1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, call 911.
2. Consider securing immediate professional support (e.g., counseling,
victim advocacy, medical services, etc.) to assist you in the crisis.
3. The Ottawa University Counseling Services can be reached by calling785-248-2582. Should you seek pastoral services, you may call the
University Chaplain John Holtzhuter at 785-248-2334.
4. If you are in Arizona and prefer to seek outside confidential support,
you may consider reaching out to Arizona Coalition to End Sexual &Domestic Violence, which can be reached at 800-782-6400 or www.
acesdv.org.
5. If you are in Kansas and prefer to seek outside confidential support,
you may consider reaching out to the Trauma and Abuse Care Centerat 785-843-8985 or The Willow Domestic Abuse Center at 800-7703030.
6. For your safety and well-being, immediate medical attention is
encouraged. Further, being examined as soon as possible, ideallywithin 120 hours, is important in the case of rape or sexual assault.
31

The hospital will arrange for a specific medical examination at nocharge or can work with you to arrange state reimbursement.
• To preserve evidence, it is recommended that you do not bathe,
shower, douche, eat, drink, smoke, brush your teeth, urinate,defecate, or change clothes before receiving medical attention.
Even if you have already taken any of these actions, you are stillencouraged to have prompt medical care, and evidence may still
be recoverable.
• Typically, if police are involved or will be involved, they willobtain evidence from the scene, and it is best to leave things
undisturbed until their arrival. They will gather bedding, linens or
unlaundered clothing, and any other pertinent articles that may
be used for evidence. It is best to allow police to secure items
in evidence containers, but if you are involved in transmissionof items of evidence, such as to the hospital, secure them in aclean paper bag or clean sheet to avoid contamination.
• If you have physical injuries, photograph or have them photographed, with a date stamp on the photo.
• Record the names of any witnesses and their contact information. This information may be helpful as proof of a crime, toobtain an order of protection, or to offer proof of a campus policy
violation.
• Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or even better, write
notes to remind you of details, if you have time and the ability to
do so.
• If you obtain external orders of protection (e.g., restraining orders, injunctions, protection from abuse), please notify Campus
Security and/or the Title IX Coordinator so that those orders canbe observed on campus.
• If you have any phone messages, photos, text messages, social
media posts, etc., that are relevant, preserve those messagesby sending them to a trusted friend or your own email address.
7. Even after the immediate crisis has passed, consider seeking support from the resources listed above.
8. Contact the Title IX Coordinator, Carrie Stevens (785-248-2326,
carrie.stevens@ottawa.edu) or the Dean of Student Affairs/Life if
you need assistance with University-related concerns, such as nocontact orders or other protective measures. The Coordinator will
also assist in any needed advocacy for students who wish to obtainprotective or restraining orders from local authorities. The University
is able to offer reasonable academic supports, changes to living
arrangements, transportation resources or modifications, escorts,
no contact orders, counseling services access, and other supports
and resources as needed by a victim. The University is able to offer
information about legal assistance, and student financial aid considerations for victims.

(b) The victim is incapable of consent by reason of mental disorder,
mental defect, drugs, alcohol, sleep or any other similar impairmentof cognition and such condition is known or should have reasonably
been known to the defendant. For the purposes of this subdivision,"mental defect" means the victim is unable to comprehend thedistinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct
with another.
(c) The victim is intentionally deceived as to the nature of the act.
(d) The victim is intentionally deceived to erroneously believe that theperson is the victim's spouse.

KansasKansas does not define “Consent”.

Wisconsin
Wisconsin (Wis. Stat. 940.225): “Consent”, as used in this section, means
words or overt actions by a person who is competent to give informed
consent indicating a freely given agreement to have sexual intercourse or
sexual contact.
***
The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s.
972.11(2):b. a person suffering from a mental illness or defect which impairs
capacity to appraise personal conduct. 940.225(4)(c) A person who
is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
Sexual Assault

Arizona
Arizona (ASR 13-1406): A person commits sexual assault by intentionallyor knowingly engaging in sexual intercourse or oral sexual contact with any
person without consent of such person.

KansasKansas (K.S.A. 21-5503)
Relevant portions of the statute include:(a) Rape is:(1) Knowingly engaging in sexual intercourse with a victim who does
not consent to the sexual intercourse under any of the following
circumstances:(A) When the victim is overcome by force or fear;or (B) when the victim is unconscious or physically powerless;(2) Knowingly engaging in sexual intercourse with a victim whenthe victim is incapable of giving consent because of mental
deficiency or disease, or when the victim is incapable of giving
consent because of the effect of any alcoholic liquor, narcotic,
drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;(3) sexual intercourse with a child who is under 14 years of age;(4) sexual intercourse with a victim when the victim's consent was
obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or(5) sexual intercourse with a victim when the victim's consent was
obtained through a knowing misrepresentation made by theoffender that the sexual intercourse was a legally required procedure within the scope of the offender's authority. ***LEGAL DEFINITIONS REGARDING CONSENT, SEXUAL ASSAULT,DOMESTIC VIOLENCE, AND STALKING
Consistent with the provisions as set forth in the Ottawa University Sexual
Misconduct Policy, the University prohibits the crimes of sexual assault, domestic violence, dating violence, and stalking, as defined for the purpose of
the Clery Act. The Clery Act definitions are those used to record the statistics
for the Annual Crime Statistic Reporting, which you will find at the end of
this Annual Security Report. For this portion of the Annual Security Report,
under VAWA, the following State legal definitions are provided to assist in
victims. The definitions for Consent, Sexual Assault, Domestic Violence, andStalking are below.
Consent

Arizona

Wisconsin

Arizona does not define what “consent” is, but does define what it is not(ARS 13-1401):

Wisconsin (Wis. State 940.225)(1) FIRST DEGREE SEXUAL ASSAULT. Whoever does any of the following
is guilty of a Class B felony:(a) Has sexual contact or sexual intercourse with another person
without consent of that person and causes pregnancy or great
bodily harm to that person.

"Without consent" includes any of the following:(a) The victim is coerced by the immediate use or threatened use offorce against a person or property.

32

(b) Has sexual contact or sexual intercourse with another person
without consent of that person by use or threat of use of adangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous
weapon.
(c) Is aided or abetted by one or more other persons and has sexual
contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
(2) SECOND DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class C felony:(a) Has sexual contact or sexual intercourse with another person
without consent of that person by use or threat of force or violence.
(b) Has sexual contact or sexual intercourse with another person
without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental
anguish requiring psychiatric care for the victim.
(c Has sexual contact or sexual intercourse with a person who
suffers from a mental illness or deficiency which renders that
person temporarily or permanently incapable of appraising theperson's conduct, and the defendant knows of such condition.
(cm)Has sexual contact or sexual intercourse with a person who isunder the influence of an intoxicant to a degree which renders
that person incapable of giving consent if the defendant has
actual knowledge that the person is incapable of giving consent
and the defendant has the purpose to have sexual contact orsexual intercourse with the person while the person is incapableof giving consent.
(d) Has sexual contact or sexual intercourse with a person who thedefendant knows is unconscious.
(f) Is aided or abetted by one or more other persons and has sexual
contact or sexual intercourse with another person without theconsent of that person.
(g) Is an employee of a facility or program under s. 940.295 (2) (b),(c), (h) or (k) and has sexual contact or sexual intercourse with aperson who is a patient or resident of the facility or program.
(h) Has sexual contact or sexual intercourse with an individual
who is confined in a correctional institution if the actor is acorrectional staff member. This paragraph does not apply if theindividual with whom the actor has sexual contact or sexualintercourse is subject to prosecution for the sexual contact orsexual intercourse under this section.
(i) Has sexual contact or sexual intercourse with an individual who
is on probation, parole, or extended supervision if the actor isa probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in
his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influenceanother probation, parole, or extended supervision agent's
supervision of the individual. This paragraph does not apply if
the individual with whom the actor has sexual contact or sexualintercourse is subject to prosecution for the sexual contact orsexual intercourse under this section.
(j) Is a licensee, employee, or nonclient resident of an entity, as
defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual
contact or sexual intercourse with a client of the entity.
(3) THIRD DEGREE SEXUAL ASSAULT.
(a) Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony.
(b) Whoever has sexual contact in the manner described in sub. (5)(b) 2. or 3. with a person without the consent of that person is
guilty of a Class G felony.
(3.m.) FOURTH DEGREE SEXUAL ASSAULT. Except as provided in sub.
(3), whoever has sexual contact with a person without the consent
of that person is guilty of a Class A misdemeanor.

Domestic/Dating Violence

Arizona
Arizona (A.S.R. 13-3601)
A. “Domestic violence” means any act that is a dangerous crime
against children as defined in § 13-705 or an offense prescribed in§ 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 131203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425,
13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, § 13-2904,
subsection A, paragraph 1, 2, 3 or 6, § 13-2910, subsection A,
paragraph 8 or 9, § 13-2915, subsection A, paragraph 3 or § 132916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or
13-3623, if any of the following applies:
1. The relationship between the victim and the defendant is oneof marriage or former marriage or of persons residing or having
resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouseby blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, stepgrandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same
household as the defendant and is related by blood to a former
spouse of the defendant or to a person who resides or who has
resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The
following factors may be considered in determining whether the
relationship between the victim and the defendant is currently
or was previously a romantic or sexual relationship:(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and thedefendant.
(d) If the relationship has terminated, the length of time since
the termination.

KansasKansas (K.S.A. 1-5414)(a) Domestic battery is:(1) Knowingly or recklessly causing bodily harm to a person withwhom the offender is involved or has been involved in a dating
relationship or a family or household member; or(2) knowingly causing physical contact with a person with whom theoffender is involved or has been involved in a dating relationshipor a family or household member, when done in a rude, insulting
or angry manner.
(b) Aggravated domestic battery is:(1) Knowingly impeding the normal breathing or circulation of theblood by applying pressure on the throat, neck or chest of aperson with whom the offender is involved or has been involvedin a dating relationship or a family or household member, when
done in a rude, insulting or angry manner; or(2 knowingly impeding the normal breathing or circulation of theblood by blocking the nose or mouth of a person with whom theoffender is involved or has been involved in a dating relationshipor a family or household member, when done in a rude, insulting
or angry manner.
***(e) As used in this section:(1) “Dating relationship” means a social relationship of a romantic
nature. In addition to any other factors the court deems relevant,the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Natureof the relationship, length of time the relationship existed,33

frequency of interaction between the parties and time since thetermination of the relationship, if applicable;(2) “family or household member” means persons 18 years of age orolder who are spouses, former spouses, parents or stepparents
and children or stepchildren, and persons who are presently
residing together or who have resided together in the past, andpersons who have a child in common regardless of whether
they have been married or who have lived together at any time.
“Family or household member” also includes a man and woman
if the woman is pregnant and the man is alleged to be the father,regardless of whether they have been married or have lived
together at any time; andtion service or telecommunications service, as defined in 47 UnitedStates Code section 153, for content that is provided by anotherperson.
C. Stalking under subsection A, paragraph 1 of this section is a class 5
felony. Stalking under subsection A, paragraph 2 of this section isa class 3 felony.
D. For the purposes of this section:
1. “Course of conduct”:(a) Means directly or indirectly, in person or through one ormore third persons or by any other means, to do any of thefollowing:(i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether
express or implied, to a specific person on two or more
occasions over a period of time, however short.
(ii) Use any electronic, digital or global positioning system
device to surveil a specific person or a specific person’sinternet or wireless activity continuously for twelve
hours or more or on two or more occasions over a periodof time, however short, without authorization.
(iii) Communicate, or cause to be communicated on morethan one occasion, words, images or language by or
through the use of electronic mail or an electronic communication that is directed at a specific person withoutauthorization and without a legitimate purpose.
(b) Does not include constitutionally protected activity or otheractivity authorized by law, the other person, the other person’s authorized representative or if the other person is aminor, the minor’s parent or guardian.
2. “Emotional distress” means significant mental suffering or
distress that may, but does not have to, require medical or otherprofessional treatment or counseling.

Wisconsin
Wisconsin (Wis. Stat. 940.19)
In Wisconsin, there are no specific Domestic Violence statutes; persons
are prosecuted under relevant statutes such as battery, etc.. Below is thestatute for battery.
(1) Whoever causes bodily harm to another by an act done with intent tocause bodily harm to that person or another without the consent of
the person so harmed is guilty of a Class A misdemeanor.
(2) Whoever causes substantial bodily harm to another by an act donewith intent to cause bodily harm to that person or another is guilty
of a Class I felony.
(4) Whoever causes great bodily harm to another by an act done withintent to cause bodily harm to that person or another is guilty of aClass H felony.
(5) Whoever causes great bodily harm to another by an act done withintent to cause great bodily harm to that person or another is guilty
of a Class E felony.
(6) Whoever intentionally causes bodily harm to another by conduct thatcreates a substantial risk of great bodily harm is guilty of a Class H
felony. A rebuttable presumption of conduct creating a substantial
risk of great bodily harm arises:(a) If the person harmed is 62 years of age or older; or(b) If the person harmed has a physical disability, whether congenitalor acquired by accident, injury or disease, that is discernible byan ordinary person viewing the physically disabled person, orthat is actually known by the actor.

KansasKansas (K.S.A. 21-5427)(a) Stalking is:(1) Recklessly engaging in a course of conduct targeted at a specificperson which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety,or the safety of a member of such person's immediate family
and the targeted person is actually placed in such fear;(2) engaging in a course of conduct targeted at a specific personwith knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of amember of such person's immediate family; or(3) after being served with, or otherwise provided notice of, any
protective order included in K.S.A. 21-3843, prior to its repeal
or K.S.A. 2011 Supp. 21-5924, and amendments thereto, thatprohibits contact with a targeted person, recklessly engaging
in at least one act listed in subsection (f)(1) that violates theprovisions of the order and would cause a reasonable person tofear for such person's safety, or the safety of a member of such
person's immediate family and the targeted person is actuallyplaced in such fear.

Stalking

Arizona
Arizona (A.R.S. 13-2923)
A. A person commits stalking if the person intentionally or knowingly
engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:
1. Suffer emotional distress or reasonably fear that either:(a) The victim’s property will be damaged or destroyed.
(b) Any of the following will be physically injured:(i) The victim.
(ii) The victim’s family member, domestic animal or livestock.
(iii) A person with whom the victim has or has previously
had a romantic or sexual relationship.
(iv) A person who regularly resides in the victim’s householdor has resided in the victim’s household within the six
months before the last conduct occurred.
2 Reasonably fear death or the death of any of the following:(a) The victim’s family member, domestic animal or livestock.
(b) A person with whom the victim has or has previously had aromantic or sexual relationship.
(c) A person who regularly resides in the victim’s household or
has resided in the victim’s household within the six months
before the last conduct occurred.
B. This section does not apply to an interactive computer service, as
defined in 47 United States Code section 230(f)(2), or to an informa-***(f) As used in this section:(1) "Course of conduct" means two or more acts over a period oftime, however short, which evidence a continuity of purpose. A
course of conduct shall not include constitutionally protected
activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted
person. A course of conduct shall include, but not be limited to,any of the following acts or a combination thereof:(A) Threatening the safety of the targeted person or a memberof such person's immediate family;
34

(B) following, approaching or confronting the targeted person ora member of such person's immediate family;(C) appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place
where such person can be found, or the residence, place of
employment or school of a member of such person's immediate family;(D) causing damage to the targeted person's residence or property or that of a member of such person's immediate family;(E) placing an object on the targeted person's property or theproperty of a member of such person's immediate family,
either directly or through a third person;(F) causing injury to the targeted person's pet or a pet belonging
to a member of such person's immediate family;(G) any act of communication;(2) "communication" means to impart a message by any methodof transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any informationor material by written or printed note or letter, package, mail,courier service or electronic transmission, including electronictransmissions generated or communicated via a computer;(am)"Domestic abuse" has the meaning given in s. 813.12 (1) (am)(ap) "Domestic abuse offense" means an act of domestic abuse that
constitutes a crime.
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association
or representation of persons in negotiating, fixing, maintaining,changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(cb) "Member of a family" means a spouse, parent, child, sibling, or
any other person who is related by blood or adoption to another.
(cd) "Member of a household" means a person who regularly resides
in the household of another or who within the previous 6 months
regularly resided in the household of another.
(cg) "Personally identifiable information" has the meaning given ins. 19.62 (5)(cr) "Record" has the meaning given in s. 19.32 (2)(d) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented.
(2) Whoever meets all of the following criteria is guilty of a Class I felony:(a) The actor intentionally engages in a course of conduct directed
at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distressor to fear bodily injury to or the death of himself or herself or amember of his or her family or household.
(b) The actor knows or should know that at least one of the acts that
constitute the course of conduct will cause the specific person
to suffer serious emotional distress or place the specific person
in reasonable fear of bodily injury to or the death of himself or
herself or a member of his or her family or household.
(c) The actors acts cause the specific person to suffer serious
emotional distress or induce fear in the specific person of bodily
injury to or the death of himself or herself or a member of his or
her family or household.
(2e) Whoever meets all of the following criteria is guilty of a Class I
felony:(a) After having been convicted of sexual assault under s. 940.225,
948.02, 948.025, or 948.085 or a domestic abuse offense, theactor engages in any of the acts listed in sub. (1) (a) 1. to 10.,
if the act is directed at the victim of the sexual assault or thedomestic abuse offense.
(b) The actor knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death ofhimself or herself or a member of his or her family or household.
(c) The actors act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily
injury to or the death of himself or herself or a member of his or
her family or household.
(2m) Whoever violates sub. (2) is guilty of a Class H felony if any of thefollowing applies:(a) The actor has a previous conviction for a violent crime, as
defined in s. 939.632 (1) (e) 1., or a previous conviction
under this section or s. 947.013 (1r), (1t), (1v), or (1x)(b) The actor has a previous conviction for a crime, the victimof that crime is the victim of the present violation of sub.
(2), and the present violation occurs within 7 years after theprior conviction.
(c) The actor intentionally gains access or causes anotherperson to gain access to a record in electronic format that
contains personally identifiable information regarding thevictim in order to facilitate the violation.
(d) The person violates s. 968.31 (1) or 968.34 (1) in order tofacilitate the violation.
(e) The victim is under the age of 18 years at the time of theviolation.

(3) "computer" means a programmable, electronic device capableof accepting and processing data;(4) "conviction" includes being convicted of a violation of K.S.A. 213438, prior to its repeal, this section or a law of another state
which prohibits the acts that this section prohibits; and(5) "immediate family" means father, mother, stepparent, child,stepchild, sibling, spouse or grandparent of the targeted person;
any person residing in the household of the targeted person; orany person involved in an intimate relationship with the targeted
person.

Wisconsin
Wisconsin (Wis. Stat. 940-32)(1) In this section:(a) "Course of conduct" means a series of 2 or more acts carriedout over time, however short or long, that show a continuity of
purpose, including any of the following:
1. Maintaining a visual or physical proximity to the victim.
2. Approaching or confronting the victim.
3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.
4. Appearing at the victim’s home or contacting the victim’s
neighbors.
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone or causing the victims
telephone or any other persons telephone to ring repeatedly or continuously, regardless of whether a conversation
ensues.
6m. Photographing, videotaping, audio taping, or, through anyother electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of
where the act occurs.
7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a memberof the victim’s family or household or an employer, coworker,
or friend of the victim.
8. Placing an object on or delivering an object to property
owned, leased, or occupied by the victim.
9. Delivering an object to a member of the victim’s family orhousehold or an employer, coworker, or friend of the victim
or placing an object on, or delivering an object to, property
owned, leased, or occupied by such a person with the intent
that the object be delivered to the victim.
10. Causing a person to engage in any of the acts described insubds. 1. to 9.

35

(3) Whoever violates sub. (2) is guilty of a Class F felony if any of thefollowing applies:(a) The act results in bodily harm to the victim or a member ofthe victims family or household.
(b) The actor has a previous conviction for a violent crime, as
defined in s. 939.632 (1) (e) 1., or a previous conviction
under this section or s. 947.013 (1r), (1t), (1v) or (1x), thevictim of that crime is the victim of the present violation ofsub. (2), and the present violation occurs within 7 years
after the prior conviction.
(c) The actor uses a dangerous weapon in carrying out any of
the acts listed in sub. (1) (a) 1. to 9.
(3m) A prosecutor need not show that a victim received or will receive treatment from a mental health professional in order toprove that the victim suffered serious emotional distress undersub. (2) (c) or (2e) (c)(4)(a) This section does not apply to conduct that is or acts that are protected by the persons right to freedom of speech or to peaceably
assemble with others under the state and U.S. constitutions,
including, but not limited to, any of the following:
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking
or patrolling any public street or any place where any person
or persons may lawfully be.
2. Assembling peaceably.
3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.

in the Employee Handbook. For students, options include but are not limited
to: no-contact orders, classroom reassignment, living space reassignment,
the provision of counseling or other support services, suspension of campus
activities, educational programming and training, and discipline including
up to probation, suspension in abeyance, suspension, expulsion, and otherappropriate institutional sanctions. For employees, options may include but
are not limited to: no-contact orders, classroom reassignment, the provisionof counseling or other support services, referral to the EAP program, training,
discipline including probationary status, termination, and other appropriate
institutional sanctions. In cases with faculty member respondents, a referral
may be made for further proceedings in accordance with faculty discipline
proceedings.
Procedurally, when the University receives a report of sexual misconduct,
gender-based violence, or other sex or gender discrimination, the campus
Title IX Coordinator is notified. If the victim wishes to access local community
agencies and/or law enforcement for support, the University will assist thevictim in making these contacts. The Title IX Coordinator will offer assistanceto victims in the form of interim or long-terms measures such as opportunities for academic accommodations; changes in housing for the victim or the
responding student; visa and immigration assistance; changes in working
situations; and other assistance as may be appropriate and available on
campus or in the community (such as no contact orders, campus escorts,
transportation assistance, targeted interventions, etc.). If the victim so desires, that individual will be connected with a counselor on- or off-campus,
as well as an on-or off-campus victim’s advocate. No victim is required totake advantage of these services and resources, but the [College/University]
provides them in the hopes of offering help and support without condition or
qualification. A summary of rights, options, supports, and procedures, in theform of this document, is provided to all victims, whether they are students,
employees, guests, or visitors.
When appropriate upon receipt of notice, the Title IX Coordinator will cause
a prompt, fair, and impartial process to be initiated, commencing with aninvestigation, which may lead to the imposition of sanctions based upon a
preponderance of evidence (what is more likely than not), upon a responding
student or other accused individual. Procedures detailing the investigation
and resolution processes of the University can be found online here: (Ottawa
University Sexual Misconduct Policy). The Coordinator is ultimately responsible for assuring in all cases that the behavior is brought to an end, theUniversity acts to reasonably prevent its recurrence, and the effects on thevictim and the community are remedied. The Coordinator is also responsible
for assuring that training is conducted annually for all advocates, investigators, hearing officers, panelists, and appeals officers that encompass ahearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating
violence, sexual assault, stalking, sexual harassment, retaliation, and otherbehaviors that can be forms of sex or gender discrimination covered by Title
IX and Clery Act. Training will help those decision-makers in the process ofprotecting the safety of victims and promoting accountability for those who
commit offenses.

(6) The provisions of this statute are severable. If any provision ofthis statute is invalid or if any application thereof is invalid, suchinvalidity shall not affect other provisions or applications which
can be given effect without the invalid provision or application.

CAMPUS PROCEDURES FOR ADDRESSING SEXUAL MISCONDUCT,DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, SEXUALHARASSMENT, AND OTHER ACTS OF SEX AND GENDERDISCRIMINATION
Any complaints or inquiries regarding sexual harassment of any memberof the Ottawa University community by or against any other member of the
Ottawa University community, including vendors and third-parties, should
be brought to the immediate attention of The Title IX Coordinator, Carrie
Stevens at 785-246-2326 or carrie.stevens@ottawa.edu. The University will
investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels
it would not be appropriate to raise such issues with the Title IX Coordinator,
the student may inquire or complain to any Department Chair or any officerof the University at the level of Vice President or above, and such inquiries orcomplaints will receive a prompt and thorough investigation. If harassment
is established, the University will discipline the offender. Disciplinary action
for violations of this policy can range from verbal or written warnings, up to
and including immediate termination from employment or dismissal from the
University for serious or repeated violations.

The investigation and records of the resolution conducted by the University
are maintained confidentially. Information is shared internally between
administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the personbringing the accusation will be informed. Privacy of the records specific to
the investigation is maintained in accordance with State law and the federal
FERPA statute. Any public release of information needed to comply with theopen crime logs or timely warning provisions of the Clery Act will not include
the names of victim or information that could easily lead to a victim’s identification. Additionally, the University maintains privacy in relation to any
accommodations or protective measures afforded to a victim, except to theextent necessary to provide the accommodations and/or protective measures. Typically, if faculty members or administrators are asked to provide
accommodations for a specific student, they are told that such accommodations are necessary under Title IX or the Clery Act, but they are not given any
details of the incident, or what kind of incident it is. Irrespective of state law
or public records access provisions, information about victims is maintained
privately in accordance with Title IX and FERPA.

For offenses including sexual misconduct or other gender based violence,
which typically include the crimes of domestic violence, dating violence,
sexual harassment, sexual misconduct, and stalking, sanctions range fromwarning to expulsion. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually
result in suspension, expulsion, or termination of employment. Lying to investigators (and/or failing to participate in an investigation) can results inadditional consequences under the Code of Student Conduct. The sanctions
for students will be consistent with those available in the Student Code of
Conduct. The sanctions for employees will be consistent with those available
36

In any complaint of sexual misconduct, sexual assault, stalking, dating
violence, domestic violence, or other sex or gender-based discrimination
covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities fora support person of their choice throughout and to fully participate in theprocess, including any meeting, conference, hearing, appeal, or otherprocedural action. The role of advisors is described in detail in the Sexual
Misconduct Policy. Once complete, the parties will be informed, in writing, ofthe outcome, including the finding, the sanctions (if any), and the rationale
therefor. Delivery of this outcome to the parties will occur without undue
delay between notifications. All parties will be informed of the University’s
appeal processes, and their rights to exercise a request for appeal. Should
any change in outcome occur prior to finalization, all parties will be timely
informed in writing, and will be notified when the results of the resolution
process become final.

ii. Dating violence does not include acts covered under the definition of domestic violence.
C. For the purposes of complying with the requirements of this sectionand § 668.41, any incident meeting this definition is considered acrime for the purposes of Clery Act reporting.

Domestic Violence
A felony or misdemeanor crime of violence committed:
A. By a current or former spouse;
B. By a person with whom the victim shares a child in common;
C. By a person who is cohabitating with, or has cohabitated with, thevictim as a spouse or intimate partner;
D. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crimeof violence occurred; orE. By any other person against an adult or youth victim who is protected

Both Title IX and the Clery Act provide protections for whistleblowers whobring allegations of non-compliance with the Clery Act and/or Title IX to theattention of appropriate campus administrators. The University does not
retaliate against those who raise concerns of non-compliance. Any concerns
should be brought to the immediate attention of the campus Title IX Coordinator Carrie Stevens, 785-248-2326, carrie.stevens@ottawa.edu and/or to
officials of the U.S. Department of Education.

Stalking
Engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
A. Fear for the person’s safety or the safety of others; or
B. Suffer substantial emotional distress.
C. For the purposes of this definition, course of conduct means two
or more acts, including, but not limited to, acts in which the stalker
directly, indirectly, or through third parties, by any action, method,
device, or means, follows, monitors, observes, surveils, threatens,
or communicates to or about a person, or interferes with a person’s
property.

Reporting of statistics under the Clery Act uses federal offenses definitions
that allow comparability across campuses, regardless of the state in which
the campus is located. These definitions are as follows:
Sex Offenses
Any sexual act directed against another person, without the consent of thevictim, including instances where the victim is incapable of giving consent.

Sex Offenders

Fondling

In accordance to the Campus Sex Crimes Prevention Act of 2000, whichamends the Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act, the Jeanne Clery Act and the Family Educational
Rights and Privacy Act of 1974, the University is providing a link to the Arizona, Kansas, and Wisconsin State Sex Offender Registries. All sex offenders
are required to register in these states and to provide notice of each institution of higher education in the state at which the person is employed, carries
out a vocation, or is a student.

The touching of the private body parts of another person for the purpose of
sexual gratification, without the consent of the victim, including instanceswhere the victim is incapable of giving consent because of his/her age or
because of his/her temporary or permanent mental incapacity.

IncestSexual intercourse between persons who are related to each other within the
degrees wherein marriage is prohibited by law.

Arizona

Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.

Arizona Sex Offender Registry: https://www.azdps.gov/services/public/
offenderDating Violence

KansasViolence committed by a person who is or has been in a social relationshipof a romantic or intimate nature with the victim.

Kansas Sex Offender Registry: https://www.kbi.ks.gov/registeredoffender/

Wisconsin

A. The existence of such a relationship shall be determined based on
the reporting party’s statement and with consideration of the lengthof the relationship, the type of relationship, and the frequency ofinteraction between the persons involved in the relationship.
B. For the purposes of this definition:i. Dating violence includes, but is not limited to, sexual or physicalabuse or the threat of such abuse.

Wisconsin Sex Offender Registry: https://appsdoc.wi.gov/public

37

38

Alcohol and Other Drug Policy
ALCOHOL AND OTHER DRUG POLICY

10. Alcohol policy violations are cumulative during a student’s enrollment
tenure at Ottawa University.

The alcohol policy for Ottawa University is in compliance with the laws of thestates of Arizona, Indiana, Kansas, and Wisconsin. Students who fail to comply
with the policies are subject to disciplinary action.

ILLEGAL DRUGS ARE PROHIBITED ON CAMPUS
Students who are involved with drugs are encouraged to seek assistancethrough the University’s Student Health and Counseling Services or our community professional partners. These services are confidential. Ottawa University
will not tolerate unlawful possession, use, manufacture, distribution, or dispensing of illegal substances in or on property controlled by Ottawa University or at
University-sponsored events or programs. Drug paraphernalia and water pipes
are also prohibited. Examples of violations include:

The alcohol policy at Ottawa University is based upon the recognition that:
1. The majority of the undergraduate student at the residential campusescannot legally consume alcohol;
2. A number of students who are of legal age to consume or possess alcohol choose not to do so; and,3. Alcohol abuse on college campuses across the nation can be problematic.
Ottawa University recognizes that abuse of alcohol and other drugs is a problem
on our nation’s campuses. Ottawa University condemns excessive consumptionof alcohol. The University also considers the decision of whether to consume
alcohol to be a value judgment on the part of each individual of legal age. All
University-housing units on the residential campuses are dry, substance-freebuildings. Some off campus University and University-sponsored housing options permit alcohol consumption with limitations for students of legal drinking
age (reference your campus section for details).

ALCOHOL IS PROHIBITED ON CAMPUS
Alcohol is prohibited on Ottawa University campuses. Exceptions to this policy
may be authorized by the Campus President or Dean of Student Affairs after
review of specific situations, which present unique circumstances. Committing
a city and/or state crime also constitutes a University violation.

•

Misuse of over-the-counter drugs•

Misuse or sharing of prescription drugs•

Possessing, using, being under the influence of, distributing, or manufacturing any form of illegal drug•

Possessing paraphernalia (i.e. rolling papers, pipes, bongs, etc.) for
intended or implied use of any form of illegal drug•

Possessing paraphernalia that contains or appears to contain illegal
drug residue•

Purchasing or passing illegal drugs from one person to another•

Using mail services to purchase, pass, or distribute illegal drugs

Students found responsible for possession, use, or distribution of illegal drugs
will face appropriate disciplinary action including but limited to separationfrom the University. Ottawa University is a partner with the local community law
enforcement and does not provide immunity or protection from prosecution by
local authorities. This policy provides flexibility for the University in addressing
drug-related offenses which occur on or off campus. The focus of the policy is
to ensure that students are engaging in behaviors that will lead to successful
completion of their academic goals, and to that end, the University also considers any violations relative to illegal drugs a major offense that may be referred
to local law enforcement.

1. All Ottawa University community members are expected to abide by any
and all city, state, and federal laws, in addition to the policies specific to
Ottawa University.
2. Possession or consumption of alcoholic beverages by an individual who
is under 21 is a violation of policy and city and state law.
3. Use of false identification to justify underage possession or consumption of alcoholic beverages is a violation of policy.

SAFE HARBOR
The University seeks to empower students with addiction problems to seek
assistance. A safe harbor rule exists at Ottawa University to assist students in
obtaining the resources necessary to overcome addiction issues. If any University student brings their own use, addiction, or dependency to the attention ofa University official outside the threat of drug tests or imposition of the conduct
process and seeks assistance, a student conduct complaint will not be pursued.
A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor
protection and the campus conduct process will be initiated.

4. Furnishing alcoholic beverages to a minor is a violation of policy. It isalso a criminal violation of city and state law.
5. Hosting an event where alcohol is consumed by minors is a violation ofpolicy. It is also a criminal violation of city and state law.
6. Abusive or disruptive behavior related to the use/abuse of alcohol orbeer (alcoholic beverages) will not be tolerated on or off campus.
7. Paraphernalia related to alcohol consumption, including, but not limited
to beer bongs, beverage containers, funnels, keg taps, bottle caps, etc.
are prohibited in/on University and University-sponsored properties.

GOOD SAMARITAN CLAUSE
Any student who seeks assistance for him/herself or another student from Campus Security, Residence Life, or professional medical personnel, for intoxication
or overdose shall not be subject to formal Conduct System.

8. Organizations that receive budgetary support from the University, ororganizations that solicit funds for the purpose of college activities are
not allowed to use the funds to purchase alcoholic beverages.

This refers to isolated incidents only and does not excuse or protect those who
flagrantly and/or repeatedly violate the Ottawa University alcohol policy. It applies only to cases of suspected extreme intoxication or other life-threatening

9. Ottawa University reserves the right to report any incident of possible
legal violation to law enforcement officials.

39

circumstances due to alcohol and does not extend to related infractions suchas assault or property damage. Although formal disciplinary action may not
be invoked, mandatory referrals for educational sessions and/or assessment at the student’s own expense may be made.

the tiers is grounds for suspension or dismissal. As part of the readmissions
process, all students who are suspended based on cumulative alcohol violations must provide evidence they may successfully engage in their education
at Ottawa University without further issues with alcohol.

VIOLATION OF LAW AND UNIVERSITY DISCIPLINE

Tier One Violations (may include, but are not limited to):1. University conduct proceedings may be instituted against a student
charged with conduct that potentially violates both the criminal law
and this Student Code, if both possible violations result from thesame factual situation, without regard to the pendency of civil or
criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously
with, or following civil or criminal proceedings off campus at the discretion of the Student Conduct Administrator. Determinations madeor sanctions imposed under this Code shall not be subject to change
because criminal charges arising out of the same facts giving rise toviolation of University rules were dismissed, reduced, or resolved infavor of or against the criminal law defendant.

Being in the presence of alcohol, on more than one occasion•

Possessing Alcohol Containers & Alcohol Paraphernalia, on morethan one occasion

Tier One Sanctions (may include, but are not limited to):
•
•
•
•
•

Disciplinary Warning for up to the academic year
Fine of $50-$150
Five to Ten (5-10) Hours Community Restitution
Alcohol Education Program
Disciplinary Paper

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

2. When a student is charged by federal, state, or local authorities
with a violation of law, the University will not request or agree tospecial consideration for that individual based on his/her status
as a student. If the alleged offense is also being processed under
the Student Code, the University may advise off-campus authoritiesof the existence of the Student Code and of how such matters are
typically handled with the University community. The University willattempt to cooperate with law enforcement and other agencies inthe enforcement of criminal law on campus and in the conditions
imposed by criminal courts for the rehabilitation of student violators
provided that the conditions do not conflict with campus policies orsanctions. Individual students and other members of the University
community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

A student may only have one (1) Tier 1 Violation during his/her time at Ottawa University. A second Tier 1 Violation moves the violation to a Tier 2 status.
Tier Two Violations (may include, but are not limited to):•••More than one (1) Tier 1 Violation
Possessing or consuming alcoholYour guest in possession (regardless if they are signed in to the hallor not) of alcohol (any quantity)• Public consumption- public areas, such as buildings within the perimeters of campus and University grounds.
• Public intoxication• Destruction of property related to alcohol
Tier Two Sanctions (may include, but are not limited to):

ALCOHOL
Alcohol sanctions differ between campuses, as well as University andUniversity-sponsored housing units. It is the student’s responsibility to know
the sanctions that apply to his/her circumstances.

••

Containers promoting alcohol consumption and/or once contained any
alcoholic beverage are prohibited on University and University-sponsoredproperties. This prohibition includes, but not limited to:
•
•
•
•
•
•
•
•
•
•
•

•

•
•
•
•
•

Shot glasses
Beer cans/bottles
Liquor bottles
Wine bottles
Kegs
Funnels
Beer bongs
FlasksGames/Activities simulating alcohol consumption
Items with the intent to conceal alcohol
Items promoting any alcoholic brand (i.e. t-shirts, posters, etc.)••

Disciplinary Probation up to suspension for the remaining semester
Parent Notification Letter (if a student is under 21 at the time ofviolation)
Fine of $150-$300
Alcohol Education Program
Reflection Paper
Ten to Twenty (10-20) Community Restitution Hours
Removal from Ottawa University Housing or change in housing assignment
Referral to Counselor. Follow all recommendations.
Repayment of any costs to repair/replace property damaged

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

Please note, any décor made from any type of alcohol container is considered paraphernalia and is not permitted. Discovery of an empty alcoholic
beverage container or other alcoholic paraphernalia will require immediate
discarding of the item in the presence of a residence life staff member. If
a student is asked on more than one occasion to dispose of empty alcohol
containers or paraphernalia, they will be referred to a Conduct Administrator.

A student may only have one (1) Tier 2 Violation during his/her time at Ottawa University. A second Tier 2 Violation moves the violation to a Tier 3 status.
Tier Three Violations (may include, but are not limited to):
•
•
•
•
•

Alcohol Violations and Sanctions
Ottawa University seeks to educate students about responsible drinking
behaviors. To clearly note, a total of three (3) alcohol violations are deemed
the maximum number a student may accumulate throughout his/her careerat Ottawa University. The fourth violation at any tier or combination of any of40

More than one (1) Tier 2 Violation
Ticketed and/or arrested as a result of alcohol
Providing alcohol to minors
Coercing or forcing another individual to consume alcohol
Public intoxication leading to harm to self or others•

Public intoxication leading to property damage, disruption to thecommunity

paraphernalia will require immediate discarding of the item in the presenceof a residence life professional staff member.

Tier Three Sanctions (may include, but are not limited to):
•
•
•
•
•
•
•
•
•

Drug Violations and Sanctions

Disciplinary Probation up to expulsion for an academic year
Parent Notification Letter (if a student is under 21 at the time ofviolation)
Fine of $300-$500
Alcohol Education Program
Reflection Paper
Twenty to Forty (20-40) Community Restitution Hours
Removal from Ottawa University Housing or change in housing assignment
Referral to Counselor. Follow all recommendations.
Repayment of any costs to repair/replace property damaged

Below is the list of drug-related violations and sanctions.
Tier One Violations (may include, but are not limited to):••Tier One Sanctions (may include, but are not limited to):
•
•
•
•
•

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

•A student may only have one (1) Tier 1 Violation during his/her time at Ottawa University. A second Tier 1 Violation moves the violation to a Tier 3 status.

CONTROLLED SUBSTANCES AND DRUG
Violations associated with controlled substances and illegal drugs are managed under drug sanctions. Drug sanctions differ between campuses. It
is the student’s responsibility to know the sanctions that apply to his/her
circumstances and locations.

Tier Two Violations (may include, but are not limited to):••••Students can only have two drug-related policy violations in total with the
exception of a Tier 3 violation in which the student faces immediate suspension/dismissal.

••

The illegal possession, use, sale, manufacturing, or distribution of drugs is aviolation of the law and is prohibited. The illegal possession or use of drugs
may subject individuals to criminal prosecution. The University will refer violations to appropriate authorities for prosecution on any Ottawa University
campus or at any Ottawa University event. This prohibition includes, but notlimited to:

•
•

•
•

The use of non-prescribed controlled substances
Improper use of prescription medications
Possession and trafficking (manufacturing, dispensing, or selling) ofcontrolled substances
Possession of drug related paraphernalia (i.e. water bongs, bongs,
bowls, and other common containers) is not permitted
Disruptive or disrespectful behavior, property damage or personalharassment as a consequence of illicit drugs or controlled substances is strictly prohibited. Any person found in violation of this policy
will be subject to various applicable University disciplinary actions
which could include suspension or dismissal and will be reported tothe appropriate local, state and Federal authorities.

The use of non-prescribed controlled substances
Improper use of prescription medications
Possession of drugs (regardless of amount)
Disruptive or disrespectful behavior as a consequence of illicit drugs
or controlled substances
Public inebriation leading to harm to self or others
Public inebriation leading to property damage, disruption to the community
Failure of Athletic Drug Test
Ticketed and/or arrested as a result of drugs or controlled substances

Tier Two Sanctions (may include, but are not limited to):
•
•
•
•
•
•
•
•

Containers promoting drug usage and/or once containing any illegal drugs
are prohibited. This prohibition includes, but not limited to:
•
•
•
•
•
•
•

Disciplinary Probation for up to the academic year
Fine of $100-$300
Ten-Twenty (10-20) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

A student may only have one (1) Tier 3 Violation during his/her time at Ottawa University. A subsequent violation will lead to suspension or dismissalfrom Ottawa University.

•••

Possession of Drug Paraphernalia/Drug Container Violation
In the presence of drugs (illegal, non-prescribed (to you), synthetic,
etc.)

Disciplinary Probation up to suspension/dismissal
Fine of $300-$500
Twenty-Thirty (20-30) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter
Repayment of any costs to repair/replace property damaged
Removal from Ottawa University Housing or change in housing assignment

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

Bongs
Bowls
Rolled Papers
Pipes
Homemade One-Time Use Devices
Items with the intent to conceal drugs
Items promoting any drug company

A student may only have one (1) Tier 2 Violation during his/her time at Ottawa University. A subsequent violation may result in suspension or dismissal.
Tier Three Violations (may include, but are not limited to):Please note, any décor made from any type of drug container is consideredparaphernalia and is not permitted. Discovery of an empty drug container or•
41

Two violations of the drug policy (any combination of Tier 1 or Tier 2
violations)•••

Coercing or forcing another individual to consume a controlled substance and/or illicit drugs
Dealing, selling and/or trafficking controlled substances
Dealing, selling and/or trafficking illicit drugs

2. Violations of this policy by individuals or groups will be referred to
the Office of Student Affairs/Life. The University conduct process
will apply. All violations of this policy are cumulative and carry overthroughout a student’s career at Ottawa University. The degree ofsanctioning for a student may depend on a number of factors including but not limited to the level of the violation, any mitigating factors
regarding the incident, and the number and type of past violations.

Tier Three Sanctions (may include, but are not limited to):
•
•
•
•
•
•

Suspension/Dismissal
Fine of $500+
Thirty-Forty (30-40) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter

3. Student-athletes are also subject to additional sanctions from theAthletic Department. The Director of Athletics will be notified of any
alcohol-related issue/violation.
4. Additional sanctions may be recommended for any level of violation
based on the circumstances of each individual incident. These additional sanctions may include but are not limited to:Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

FURTHER CONSIDERATIONS REGARDING VIOLATIONS
1. In the absence of clear mitigating circumstances (resident away forthe evening, etc.), all residents of the room/suite in which an Alcoholand Other Drug Policy violation occurs will be charged with a violation.

42•

Suspension of co-curricular activities•

Required involvement with a student organization•

Other educational sanctions as developed and assigned by a
Conduct Administrator

Drug and Alcohol Abuse
Prevention Policy
DRUG AND ALCOHOLABUSE PREVENTION POLICY

tinue to use medication when the prescription is no longer valid, use prescribeddrugs contrary to the prescription, and give or sell prescribed drugs to anotherperson. Misusing prescription drugs can result in conviction with jail time. The
specific details of the University Alcohol and Other Drug Policy can be found in
Appendix B of the Student Handbook.

INTRODUCTION
Ottawa University is committed to providing a safe, healthy learning community
for all its members. The University recognizes that the improper and excessive
use of alcohol and other drugs may interfere with the University’s mission
by negatively affecting the health and safety of students, faculty and staff.
Problems such as vandalism, assault, harassment, sexual misconduct, anddisruption of sleep and study space increase in relation to misuse. It is due tothe harm caused by excessive and illegal use that the University has a vested
interest in establishing polices to prohibit unlawful behavior and sanctions toaddress policy violations by members of the University community.

OTTAWA UNIVERSITY ALCOHOL AND OTHER DRUG PREVENTIONSTRATEGIESThe University uses evidenced-based strategic interventions, collaboration, innovation and the incorporation of the wellness dimensions to reduce harmful
consequences of alcohol and other drug use.

Under the Drug-free Workplace Act and the Drug-free Schools and Communities Act, the University is required to have an alcohol and other drug policy anddistribute this policy annually to all employees and students. This Policy mustoutline the University’s prevention, education and intervention efforts, andconsequences that may be applied by both the University and external authorities for policy violations. The law also requires that individuals be notified of
possible health risks associated with the use and abuse of alcohol and otherdrugs, and sources of assistance for problems that may arise as a result of use.

UNIVERSITY ALCOHOL AND OTHER DRUG POLICY
For the purpose of this Policy, the term “drug” includes:

2. legally obtainable controlled substances which were not legally obtained, including:
Prescribed drugs when prescription is no longer valid (e.g. use of
medication after a course of treatment is completed);oPrescribed drugs used contrary to the prescription;oPrescribed drugs issued to another person.

Providing education and awareness activities.

•

Offering substance-free social, extracurricular, and public service options.

•

Creating a health-promoting normative environment.

•

Restricting the marketing and promotion of alcohol and other drugs.

•

Limiting availability of alcohol and other drugs.

•

Developing and enforcing campus policies and enforce laws to address
high-risk and illegal alcohol and other drug use.

•

Providing early intervention and referral for treatment.

For more detailed information on the University alcohol and other drug prevention strategies, contact the campus Office of Student Affairs/Life at 623-2337611 (OUAZ — Surprise, Arizona) or 785-248-2313 (OUKS — Ottawa, Kansas)
or the University Associate Vice Chancellor of Compliance at 785-248-2326.

1. controlled substances, as defined in 21 USC 802, which cannot belegally obtainedo•

HEALTH RISKSThe use or abuse of alcohol and other drugs increases the risk for a number ofhealth-related and other medical, behavioral and social problems. Below is a
general description of the health risks associated with drug use.
Alcohol

All members of the campus community also are governed by laws, regulations
and ordinances established by the state and local municipalities, and will beheld accountable by law enforcement representatives of those entities for any
illegal activity. It is the responsibility of all campus members to be aware ofthese laws.

Can cause short-term effects such as loss of concentration and judgment;
slowed reflexes; disorientation leading to higher risk of accidents and problem
behavior; long-term effects include risk of liver and heart damage, malnutrition,
cancer and other illnesses; can be highly addictive to some persons.

Kansas, Wisconsin, Indiana, and Arizona law prohibits the dispensing, sellingor supplying of drugs or alcoholic beverages to a person under 21 years old.
Employees, students, faculty and campus visitors may not unlawfully manufacture, consume, possess, sell, distribute, transfer or be under the influenceof alcohol, illicit drugs or controlled substances on University property, whiledriving a University vehicle or while otherwise engaged in University business.
University property, as defined in this Policy, includes all buildings and land
owned, leased, or used by the University, and motor vehicles operated by employees, including personal motor vehicles, when used in connection with work
performed for or on behalf of the University unless exempted by the Board.

Can cause short-term effects such as rushed, careless behavior and pushing beyond your physical capacity, leading to exhaustion; tolerance increases
rapidly; long-term effects include physical and psychological dependence andwithdrawal can result in depression and suicide; continued high doses cancause heart problems, infections, malnutrition and death.

Amphetamines

Cannabis
Can cause short-term effects such as slow reflexes; increase in forgetfulness;alters judgment of space and distance; aggravate pre-existing heart and/or
mental health problems; long-term health effects include permanent damage
to lungs, reproductive organs and brain function; can interfere with physical,
psychological, social development of young users.

Any person taking prescription drugs or over-the-counter medication is personally responsible for ensuring that while taking such drugs or medications, he or
she is not a safety risk to themselves and others while on University property,
while driving a University or privately owned vehicle, or while otherwise engaged
in University business. It is illegal to misuse prescription medication, i.e. con-

Cocaine (crack)
Can cause short-term effects such as impaired judgment; increased breathing, heart rate, heart palpitations; anxiety, restlessness, hostility, paranoia,
43

confusion; long-term effects may include damage to respiratory and immune
systems; malnutrition, seizures and loss of brain function; highly addictive.

Off-campus

Designer Drugs/Synthetic Cannabinoids (bath salts, K2, spice)www.na.org

Narcotics Anonymous

Can cause short-term effects such as elevated heart rate, blood pressure
and chest pain; hallucinations, seizures, violent behavior and paranoia; maylead to lack of appetite, vomiting and tremor; long-term use may result inkidney/liver failure, increased risk of suicide and death.

Alcoholics Anonymous
www.aa.org

Hallucinogens (PCP, LSD, ecstasy, dextromethorphan)

EAP Program

Can cause extreme distortions of what’s seen and heard; induces suddenchanges in behavior, loss of concentration and memory; increases risk ofbirth defects in user’s children; overdose can cause psychosis, convulsions,coma and death. Frequent and long-term use can cause permanent loss ofmental function.

800-624-5544
www.ndbh.com

Inhalants (nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons,hydrocarbons)
Can cause short-term effects such as nausea, dizziness, fatigue, slurredspeech, hallucinations or delusions; may lead to rapid and irregular heart
rhythms, heart failure and death; long-term use may result in loss of feeling,
hearing and vision; can result in permanent damage to the brain, heart,lungs, liver and kidneys.
Opiates/Narcotics(heroin, morphine, opium, codeine, oxycodone, china white) Can cause physical and psychological dependence; overdose can cause coma, convulsions,
respiratory arrest and death; long-term use leads to malnutrition, infection
and hepatitis; sharing needles is a leading cause of the spread of HIV andhepatitis; highly addictive, tolerance increases rapidly.

Serve as an early intervention resource when work, health, and life
related issues arise.

•

Offer 24-hour availability for consultation and intervention on issues
relating to substance use disorders, both for leaders with questions
on how to handle workplace situations, as well as for faculty andstaff who want assistance, assessment, referral, and post-treatment
monitoring.

785-242-3780 (weekdays)		

785-242-3781 (emergencies)

The Sexual Trauma and Abuse Care Center
785-843-8985			support@stacarecenter.org
Willow Domestic Violence Center
800-770-3030			785-843-3333

Tobacco (cigarettes, cigars, chewing tobacco)

Surprise, Arizona

Can cause diseases of the cardiovascular system, in particular smoking being a major risk factor for a myocardial infarction (heart attack), diseases of
the respiratory tract such as Chronic Obstructive Pulmonary Disease (COPD)
and emphysema, and cancer, particularly lung cancer and cancers of thelarynx and mouth; nicotine is highly addictive.

Community Bridges
888-224-2087

ALCOHOL PREVENTION PROGRAMS

For an extensive list of health-related risks please visit The National Instituteon Drug Abuse: http://www.drugabuse.gov/

The University has developed a program to prevent the illicit use of drugs
and the abuse of alcohol by students and employees. The program provides
services related to drug use and abuse including dissemination of informational materials, educational programs, counseling services, referrals andcollege disciplinary actions.

COUNSELING AND TREATMENT PROGRAMSThe University encourages individuals with alcohol- or other drug-related
problems to seek assistance. For information on these services, contact:

The Office of Student Affairs/Life provides overall coordination of studentfocused drug and alcohol prevention programs. The Office of Human
Resources focuses on staff and faculty. Many services are provided collaboratively by various departments within the University.

On-campus

Counseling Services
OUAZ (Surprise, Arizona)785-248-2582			623-233-7581

UNIVERSITY SANCTIONSThe use or abuse of alcohol and other drugs also increases the risks forbehavioral and social problems such as negative effects on academic work
performance; conflicts with co-workers, classmates, family, friends andothers; conduct problems resulting in disciplinary action, including loss of
employment or dismissal from an academic program; and legal problems
resulting in ticketing, fines and imprisonment.

Health Service
OUAZ (Surprise, Arizona)785-248-2319			602-749-5166

Other Services for Students (Residential Offices of Student Affairs/Life)OUKS (Ottawa, Kansas)		

•Elizabeth Layton Center

Can cause reduced reaction time and confusion; overdose can cause coma,
respiratory arrest, convulsions and death; withdrawal can be dangerous; in
combination with other controlled substances can quickly cause coma anddeath; long-term use can produce physical and psychological dependence;
tolerance can increase rapidly.

OUKS (Ottawa, Kansas)		

Confidential counseling and consultation service for University faculty, staff, and their families.

Ottawa, Kansas

Sedatives

OUKS (Ottawa, Kansas)		

•The laws of the state of Arizona, Kansas, and Wisconsin, and the University’s
policies prohibit the consumption or possession for personal consumption of
alcoholic beverages by persons under the age of 21 years. Further, they also
prohibit the sale, service or giving of alcoholic beverages to persons under
the age of 21. University policies, local ordinances, state laws and federal
laws also prohibit the unlawful possession, use and/or distribution of illicit
drugs and alcohol.

OUAZ (Surprise, Arizona)785-248-2313			623-233-7611

Services for Faculty and Staff
785-248-2350

Violation of University policies will be subject to campus disciplinary review
and action, as follows:44•Students

and any blood alcohol level of .01 or higher can lead to a minor in possession(MIP) citation as well as being cited for operating a vehicle while intoxicated,
if applicable. This is in addition to suspension of driving privileges in thestate of Arizona. State law requires drivers who are arrested by the police fora suspected violation of this law to submit to scientific tests that determine
the amount of alcohol and/or drugs in their blood. Those who refuse willautomatically lose their driving privilege in Arizona for 1 year.

The University community has established expectations for nonacademic student conduct under the Alcohol and Other Drug Policy inAppendix B of the Student Handbook that specifically addresses theillicit use of alcohol and other drugs.
•

Staff and Faculty
Sanctions for violations by faculty and staff are governed by the
Employment Policies Handbook. Appropriate sanctions may include:
verbal or written warnings, a mandated rehabilitation program, probation, suspension, and termination. In each case, there are likely to
be different circumstances that are relevant for understanding thesituation and determining the appropriate sanction.

Statement on the Arizona Medical Marijuana Act (Proposition 203) andMarijuanna Legalization Initiative (Proposition 207)
In 2010, Arizona voters approved the Arizona Medical Marijuana Act (Propositions 203), a state law permitting individuals to possess and use limited
quantities of marijuana for medical purposes. And, in 2022, Arizona voters approved Marijuana Legalization Initiative (Proposition 207), allowing
certain individuals to possess and use limited quantities of marijuana forrecreational use.

The following behaviors contradict the values of the University community
and are subject to action under this policy:•

Illegally possessing or using alcohol and drugs•

Illegally distributing, manufacturing, or selling alcohol and drugs•

Disruptive or disrespectful behavior, property damage or personalharassment as a consequence of using alcohol or drugs

Because of Ottawa University’s obligations under federal law, however, OU
will continue to prohibit marijuana possession and use on campus for any
purpose, including both medical and recreational purposes. Under the Drug
Free Workplace Act of 1988, and the Drug Free Schools and Communities
Act of 1989, “…no institution of higher education shall be eligible to receive
funds or any other form of financial assistance under any federal program,including participation in any federally funded or guaranteed student loan
program, unless it has adopted and has implemented a program to preventthe use of illicit drugs and abuse of alcohol by students and employees.”
Another federal law, the Controlled Substances Act, prohibits the possession,use, production, and distribution of marijuana for any and all uses, including
medicinal use. This law is not affected by the passage of the Arizona Medical
Marijuana Act or the Marijuana Legalization Initiative. Because Ottawa University could lose its eligibility for federal funds if it fails to prohibit marijuana,
it is exempt from the requirements of the Arizona Medical Marijuana Act andMarijuana Legalization Initiative. Therefore, OU will continue to enforce its
current policies prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on its property, sponsoredproperties, or as part of any of its activities.

The policy is administered by University and campus administration. At theresidential campuses, it is administered by the Office of Student Affairs/Life.
These designees are charged with facilitating the resolution process used todetermine responsibility. Administration/staff work with parties to determine
appropriate educational measures and sanctions. These measures cover awide range of educational assignments and obligations, including but notlimited to counseling (on- or off-campus), community service, probation,suspension, or expulsion.

EXTERNAL SANCTIONS
Violations of laws and ordinances may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions, which include, but
are not limited to, the following:•

Fines as determined under local, state, or federal laws;•

Imprisonment, including up to life imprisonment, for possession ortrafficking in drugs such as heroin, cocaine, marijuana and prescription drugs;•

Forfeiture of personal and real property;/•

Denial of federal benefits such as grants, contracts and student
loans;•

Loss of driving privileges;•

Required attendance at substance abuse education or treatment
programs.

Employees and students who violate the University’s policy prohibiting theuse or possession of illegal drugs on campus will continue to be subject todisciplinary action, up to and including expulsion from school and termination of employment.

KansasAlcohol-related offenses

State Laws

It is illegal for anyone under 21 years of age to possess, purchase, attempt topurchase or consume cereal malt beverage or alcoholic liquor except where
specific exemptions are provided by law. Maximum Penalty: $200 minimum
fine (18-21 years of age); $500 fine (under 18 years of age); perform 40
hours of public service; attending an alcohol education program; and up to
1 year suspension of driving privileges.

The following State laws for Arizona, Kansas, and Wisconsin are not inclusiveof drug and alcohol violations and sanctions and are listed here only as areference for the most common drug and alcohol violations. This list is notprovided as legal advice.

It is illegal for anyone to furnish cereal malt beverage or alcoholic liquor toanother person under 21 years of age. Maximum Penalty: 6 months in jail;$200 minimum fine.
It is illegal for anyone to host a person under 21 in such a manner that
permits the minor to consume alcoholic liquor or cereal malt beverages.
Maximum Penalty: 1 year in jail, $1,000 minimum fine; performance ofcommunity service.

Arizona
Alcohol
Under state law, it is illegal for anyone under the age of 21 to purchase,
consume or possess, or have any bodily content of alcohol. A first-time conviction may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. There also is a provision
for possible imprisonment or probation for a second or subsequent offense.
Use of false identification by minors in obtaining alcohol is punishable witha fine, loss of driver’s license, probation and community service.

It is illegal for anyone to operate a vehicle under the influence of alcohol,
drugs, or both alcohol and drugs, with a breath or blood alcohol content of.08 or more. For anyone under 21, it is illegal to do so with a breath or blood
alcohol content of .02 or greater. If convicted, you are subject to the following penalties:

Individuals can be arrested and/or convicted of operating a vehicle while
intoxicated with a blood alcohol concentration (BAC) level at .08 or higher. If
a student is under 21, there is a “zero tolerance” law in the state of ArizonaFirst Conviction (Misdemeanor)
Maximum Penalty: 6 months in jail ; $1,000 fine; required completion of an alcohol education program; suspended driver’s license
45

for 30 days; then use of ignition interlock device for 180 days (1year suspension and subsequent 1 year ignition interlock device if
alcohol concentration is .15 or greater)

driver’s license for 1 year, then use of ignition interlock device for 3
years (4 years, if alcohol concentration is .15 or greater), with costs.
Fifth & Subsequent Convictions (Felony)
Maximum Penalty: 1 year in jail; $2,500 fine; participation in alcohol abuse program; required mental health evaluation; suspended
driver’s license for 1 year, then use of ignition interlock device for 10
years, with costs.

Second Conviction (Misdemeanor)
Maximum Penalty: 1 year in jail; $1,750 fine; completion of alcohol
treatment program; suspended driver’s license for 1 year; then useof ignition interlock device for 1 year (2 years, if alcohol concentration is .15 or greater)

Drugs

Third Conviction (Misdemeanor)(Felony if prior conviction within preceding 10 years) Maximum Penalty: 1 year in jail;$2,500 fine; completion of alcohol treatment program; suspended driver’s license for 1 year; use of ignition interlock
device for 2 years (3 years, if alcohol concentration is .15 or greater),with costs.

The illegal possession or illegal use of drugs may subject individuals to criminal prosecution. The University will refer violations of proscribed conduct toappropriate authorities for prosecution.
Kansas law also mandates for certain offenders a non-prison sanction ofplacement in drug abuse treatment programs. Certain other offenders,
including habitual drug users and those convicted of unrelated felonies,
remain subject to punishment of imprisonment.

Fourth Conviction (Felony)
Maximum Penalty: 1 year in jail; $2,500 fine; participation in alcohol abuse program; required mental health evaluation; suspended

The manufacture of a controlled substance is a drug severity level 2 felony.
Maximum Penalty: 12 years imprisonment; $500,000 fine.

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)
Schedule Substance / Quantity

Penalty

Substance/Quantity

Penalty

FIRST OFFENSE: Not less than 5
years and not more than 40 years.
If death or serious bodily injury,
not less than 20 years or morethan life. Fine of not more than $5
million if an individual, $25 million
if not an individual.

Cocaine
5 kilograms or more mixture

FIRST OFFENSE: Not less than
10 years and not more than life. If
death or serious bodily injury, notless than 20 years or more thanlife. Fine of not more than $10
million if an individual, $50 million
if not an individual.

II

Cocaine500-4,999 grams mixture

II

Cocaine Base
28-279 grams mixtureIV

Fentanyl40-399 grams mixture

I

Fentanyl Analogue
10-99 grams mixture

I

Heroin100-999 grams mixtureI

LSD
1-9 grams mixture

II

Methamphetamine
5-49 grams pure or
50-499 grams mixture

Methamphetamine
50 grams or more pure or 500
grams or more mixture

II

PCP
10-99 grams pure or100-999 grams mixture

PCP
100 grams or more pure or 1
killogram or more mixture

SECOND OFFENSE: Not less than
10 years and not more than life. If
death or serious bodily injury, life
imprisonment. Fine of not morethan $8 million if an individual,$50 million if not an individual.

Cocaine Base
280 grams or more mixture
Fentanyl
400 grams or more mixture
Fentanyl Analogue
100 grams or more mixture
Heroin1 kilgram or more mixture
LSD
10 grams or more mixture

SECOND OFFENSE: Not less than
20 years, and not more than life. If
death or serious bodily injury, life
imprisonment. Fine of not morethan $20 million if an individual,$75 million if not an individual.
2 OR MORE PRIOR OFFENSES:Life imprisonment. Fine of not
more than $20 milion if an
individual, $75 million if not an
individual

Substance / Quantity

PenaltyAny amount of other schedule I & II substances

FIRST OFFENSE: Not more than 20 years. If death or serious bodily injury, not less than 20 years or more thanlife. Fine $1 million if an individual, $5 million if not an individual.

Any drug product containing gammahydroxybutyric acidFlunitrazepam (Schedule IV)
1 gramAny amount of other schedule III drugs

SECOND OFFENSE: Not more than 30 years. If death or serious bodily injury, life imprisonment. Fine $2 million if
an individual, $10 million if not an individual.
FIRST OFFENSE: Not more than 10 years. If death or serious bodily injury, not less than 15 years or more thanlife. Fine $500,000 if an individual, $2.5 million if not an individual.
SECOND OFFENSE: Not more than 20 years. If death or serious bodily injury, not more than 30 years or morethan life. Fine not more than $1 million if an individual, $5 million if not an individual.

Any amount of other schedule IV drugs (otherthan one gram or more of Flunitrazepam)

FIRST OFFENSE: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an
individual.
SECOND OFFENSE: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if not an
individual.

Any amount of other schedule V drugs

FIRST OFFENSE: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an
individual.
SECOND OFFENSE: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an
individual.
46Illegal possession or use of opiates, amphetamines and narcotics is adrug severity level 5 felony. Maximum Penalty: 3 1/2 years imprisonment;$100,000 fine.

while intoxicated, if applicable. This is in addition to suspension of driving
privileges in the state of Wisconsin.
Marijuana

Unlawful possession or use of depressants*, stimulants, hallucinogenic
drugs (including marijuana and K-2), anabolic steroids, simulated controlled
substances and paraphernalia, as well as unlawfully obtaining and distributing prescription drugs is a Class A non-person misdemeanor and may
escalate to a level 5 felony. Maximum Penalty: 1 year imprisonment; $2,500
fine. With a prior conviction for this offense: 3 1/2 years imprisonment;$100,000 fine.

The laws of the state of Wisconsin make the possession of marijuana (for the
first two infractions) a misdemeanor, punishable by a fine of $1,000 and/or
imprisonment of up to one year.
Federal Laws
A full description of federal sanctions for drug felonies can be found at:https://www.dea.gov/sites/default/files/drug_of_abuse.pdf#page=30 (orsee the chart at the bottom of the next page). The information, including thechart, in this section is not intended as legal advice; individuals should seek
independent legal counsel for advice.

The sale or distribution of these drugs is a drug severity level 4 felony andmay escalate to a drug severity level 1 felony. Maximum Penalty: 4 years &3 months imprisonment; $300,000 fine. With prior convictions for this offense: 17 years imprisonment; $500,000 fine.

EMPLOYEE REPORTING REQUIREMENT

Refusal to Submit to Alcohol or Drug Testing (Felony)

Under the Drug-Free Workplace Act, in addition to the other requirements ofthis Policy, the University requires all employees who work in any capacity
under a federal grant or contract to notify his or her University supervisor
or department head in writing of his or her conviction for a violation of any
criminal drug statute occurring in the workplace or on work-related activities
no later than five (5) calendar days after such conviction. The supervisor or
department head will notify University Human Resources, who will consult
with the appropriate staff in the regarding satisfying the University’s reporting obligations.

Penalty:•••••

1st time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for two years.
2nd time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for three years,
3rd time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for four years,
4th time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for five years,
5th time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for ten years.

ALCOHOL MARKETING STANDARDSThe University will refuse advertising inconsistent with the fundamental missions of the University, or in conflict with the image the University seeks toproject or the well-being of the University community. Examples of advertisements that will not be accepted include:

Possession, use, attempting to obtain, sale, and manufacture of alteredor false driver’s licenses or identification cards are prohibited by criminal
laws. Criminal convictions may jeopardize employment status in professions
requiring licensing, certification, or security clearances.

•
•
•
•
•
•

It is illegal to lend a driver’s license or identification card to a person under
21 years of age in order to obtain cereal malt beverage and/or alcoholic
liquor.
Possession or display of any fictitious or fraudulently altered driver’s license
or identification card is a Class B nonperson misdemeanor. Maximum Penalty: 6 months in jail; $1,000 fine; completion of alcohol/drug education ortraining program.

Alcoholic beverages
Tobacco products
Sex as a productGambling
Paraphernalia associated with illegal drugs
Dishonest, deceptive, or illegal advertising.

DISTRIBUTION OF POLICY
A copy of this policy will be distributed to all faculty, staff and students annually via email at the beginning of fall semester and/or at the time a student
enrolls during the year if outside of the fall semester.

Lending a driver’s license or identification card to a person under 21 yearsof age for use in obtaining cereal malt beverage and/or alcoholic liquor, isa Class B nonperson misdemeanor (first conviction): Maximum Penalty: atleast 100 hours public service; $500 fine; 6 months in jail; (severity level andpenalties increase with subsequent convictions).

REVIEW OF UNIVERSITY PREVENTION PROGRAM AND POLICY
Biennially the University shall review its Drug and Alochol Abuse Prevention
Policy to determine effectiveness and implement changes, if needed, and toensure that the University’s disciplinary sanctions are consistently enforced.

Other crimes relating to false identification can have more severe consequences. Dealing in false identification documents is a severity level
9 nonperson felony. Penalties will vary based upon factors considered insentencing guidelines. Maximum Penalty: 23 months in jail; $100,000 fine.

FOR MORE INFORMATION
For more information concerning this Policy, contact the University Directorof Governmental, Regulatory, Legal Affairs.

Wisconsin

Carrie Stevens

Alcohol

Director of University Compliance/Title IX Coordinator

Under state law, it is illegal for anyone under the age of 21 to purchase,
consume or possess, or have any bodily content of alcohol. A first-time conviction may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. There also is a provision
for possible imprisonment or probation for a second or subsequent offense.

1001 S. Cedar Street
Ottawa, Kansas 66607
785-248-2326
carrie.stevens@ottawa.edu

Use of false identification by minors in obtaining alcohol is punishable with afine, loss of driver’s license, probation and community service.
Individuals can be arrested and/or convicted of operating a vehicle while
intoxicated with a blood alcohol concentration (BAC) level at .08 or higher.
If a student is under 21, there is a “zero tolerance” law in the state of
Wisconsin and any blood alcohol level of .02 or higher can lead to a minor
in possession (MIP) citation, as well as being cited for operating a vehicle47

48

Crime Statistics
CRIME STATISTICSCRIME STAT DEFINITIONS

The following criminal offenses must be reported under the Jeanne Clery Act
annually.

Murder/Non-Negligent Manslaughter
The willful (non-negligent) killing of one human being by another. NOTE: Deaths
caused by negligence, attempts to kill, assaults to kill, suicides, accidental
deaths, and justifiable homicides are excluded.

THE JEANNE CLERY DISCLOSURE OF CRIME STATISTICS
In accordance with the Clery Act, victims and witnesses are encouraged toreport the following incidents to a designated campus security authority.
•
•
•
•
•
•
•
•
•
•

Negligent Manslaughter
The killing of another person through gross negligence.

Murder and non-negligent manslaughter
Negligent manslaughter
Forcible sex offenses
Robbery
Aggravated assault/Simple Assault
BurglaryMotor Vehicle Theft
Arson
All hate crimes involving bodily injury
All liquor, drug or weapons law violations

Robbery
The taking or attempting to take anything from value of the care, custody, or
control of a person or persons by force or threat of force or violence and/or by
putting the victim in fear.
Aggravated Assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by
the use of a weapon or by means likely to produce death or great bodily harm.
It is not necessary that injury result from an aggravated assault when a gun,knife or other weapon is used which could or probably would result in serious
injury if the crime were successfully completed.

The definition of “Campus Security Authority” according to the federal law is
as follows:

Burglary“An Official of an institution who has significant responsibility for student
and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.”

The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny ora felony; breaking and entering with intent to commit a larceny; housebreaking;safecracking; and all attempts to commit any of the aforementioned.

“Campus security authorities,” for example, may include the following:
•
•
•
•
•
•
•
•
•
•
•

Academic Dean(s)Athletic Director/Team Coaches
Campus Activities Director/Coordinator
Campus Safety Personnel
Dean of Student Affairs/Life
Associate Vice Chancellor of Compliance
Faculty Advisors
Vice Chancellor of Finance and Operations/CFO
Campus President
Residence Life Professional Staff
Title IX Coordinator

Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft
all cases where automobiles are taken by persons not having lawful access,even though the vehicles are later abandoned – including joy riding).
Arson
The willful or malicious burning or attempt to burn, with or without intent to
defraud, a dwelling house, public building, motor vehicle or aircraft, or person
property of another, etc.
Illegal Weapons Possessions
The violation of laws or ordinances prohibiting the manufacture, sale, purchase,transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Include inthis classification: manufacture, sale or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons;
and attempts to commit any of the above.

Reports made to a designated Campus Security Authority are not confidential
and will be reported to the Title IX Coordinator.

CRIME CATEGORIESThe crime definitions are listed in order of seriousness. When counting multiple
offenses, the “hierarchy” rule requires that you count only the most serious offense committed during a single incident. The exclusion to this is arson. Arsonis always counted as an offense regardless of the nature of any other offenses
that were committed during the same incident.

Drug Law Violations
The violation of laws prohibiting the production, distribution and/or use ofcertain controlled substances and the equipment or devices utilized in their
preparation and/or use. The unlawful cultivation, manufacture, distribution,
sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local
laws, specifically those relating to the unlawful possession, sale, use, growing,
manufacturing and making of narcotic drugs. The relevant substances include:
opium or cocaine and their derivatives (morphine, heroin, codeine); synthetic
narcotics – manufactured narcotics which can cause true addiction (Demerol,
methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

The Clery Act does not differentiate between attempted and completed crimes.
For example, an incident involving an attempted forcible rape is counted asa forcible sex offense. The only exception to this rule applies to attempts or
assaults to murder wherein the victim does not die. These incidents should beclassified as aggravated assaults rather than murders.

49Liquor Law Violations

Stalking

The violation of state or local laws or ordinances prohibiting the manufacture,sale, purchase, transportation, possession, or use of alcoholic beverages,
not including driving under the influence and drunkenness. Include in thisclassification: the manufacture, sale, transportation, furnishing, possessing,etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging;
operating still; furnishing liquor to a minor or intemperate person; underage
possession; using a vehicle for illegal transportation of liquor; drinking on
train or public conveyance; and attempts to commit any of the above.

Engaging in a course of conduct directed at a specific person that would
cause a reasonable person to: fear for the person’s safety or the safetyof others; or suffer substantial emotional distress. Course of conduct is
two or more acts in which the stalked directly, indirectly, or through third
parties, by any means, follows, monitors, observes, surveils, threatens orcommunicates to our about a person or interferes with a person’s property.
Substantial emotional distress is significant mental suffering or anguishthat may, but does not necessarily require medical or other professional
treatment or counseling.

Rape
The penetration, no matter how slight, of the vagina or anus, with any bodypart or object, or oral penetration by a sex organ of another person, without
the consent of the victim. This offense includes the rape of both males andfemales.

Hate/Bias Crimes

Fondling

LOCATION DEFINITIONS

Any criminal offense or incident that manifests evidence that the victim wasintentionally selected because of the perpetrator’s (real or perceived) bias
against the victim.

The touching of the private body parts of another person for the purpose of
sexual gratification, without the consent of the victim, including instanceswhere the victim is incapable of giving consent because of his/her age or
because of his/her temporary or permanent mental incapacity.

On Campus(1) any building or property owned or controlled by an institution within thesame reasonable contiguous geographic area and used by the institution
in direct support of, or in a manner related to, the institution’s education
purposes, including residence halls; and (2) any building or property that iswithin or reasonably contiguous to paragraph (1) of this definition, that is

IncestSexual intercourse between persons who are related to each other within the
degrees wherein marriage is prohibited by law.

owned by the institution but controlled by another person, is frequently usedby students, and supports institutional purposes (such as a food or otherretail vendor).

Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.

Non-campus Building or Property

Dating Violence(1) any building or property owned or controlled by a student organizationthat is officially recognized by the institution; or (2) any building or property
owned or controlled by an institution that is used in direct support of, orin relation to, the institution’s educational purposes, is frequently used by
students, and is not within the same reasonably contiguous geographic areaof the institution.

Violence committed by a person who is or has been in a social relationshipof a romantic or intimate nature with the victim. The existence of such a
relationship shall be determined based on the reporting party’s statement
and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved. This
crime includes, but is not limited to, sexual or physical abuse or the threat ofsuch abuse. This crime does not include acts covered under the definitionof domestic violence.

Public Property
All public property, including thoroughfares, streets, sidewalks, and parking
areas that are within the campus, or immediately adjacent to and accessible
from campus.

Domestic Violence
A felony or misdemeanor crime of violence committed: by a current or former
spouse or intimate partner of the victim; by a person with whom the victim
shares a child in common; by a person who is cohabitating with, or has
cohabitated with, the victim as a spouse or intimate partner; by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction in which the crime of violence occurred; byany other person against an adult or youth victim who is protected from that
person’s acts under the domestic or family violence laws of the jurisdictionin which the crime of violence occurred.

Crime Statistics and Rates
Universities receiving Title IV grants (Federal Financial Aid) must, in accordance with the Campus Securities Act of 1990 and the Higher Education
Amendments of 1992 and 1998, provide information relating to crime
statistics and security measures to prospective and current students andemployees.

CLERY GEOGRAPHY AND TITLE IX
Under Title IX, an institution’s obligations to address sexual harassment in a recipient’s “education program or activity” is a separate inquiry froman institution of higher education’s obligations with respect to Clery Geography. While the two concepts may overlap, they are not conterminous
and the two laws (Clery Act and Title IX) serve separate purposes and have separate obligations for entities covered by both laws.
When an institution has officially recognized a student organization, and sexual harassment occurs in an off-campus location not owned or controlled by the student organization but involving members of the officially recognized student organization, the recipient’s Title IX obligations depend
upon whether the recipient exercised substantial control over the respondent and the context of the harassment, or whether the circumstances
may otherwise be determined to have been part of the “operations of” the institution. Sexual harassment, under Title IX and as defined in 34 CFR

106.30(s), covers a wider range of misconduct than the sex offenses covered under the Clery Act.

At 34 CFR 106.44(a), the Title IX regulations cover incidents in an institution’s “education program or activity,” which includes locations, events,
or circumstances over which the recipient exercised substantial control over both the respondent an the context in which the sexual harassment
occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.
The 2021 Title IX regulations do not impose a geographical limit on an institution’s responsibilities, with the exception of the limitation of Title IX’s
scope to incidents that occur “against a person in the United States.”50

2023 Criminal Offenses
Negligent Manslaughter

Murder / Non-Negligent Manslaughter

Rape

Fondling

IncestStatutory Rape

Robbery

Aggravated Assault

BurglaryMotor Vehicle Theft

Arson*YEAR

ON-CAMPUS
PROPERTY

ON-CAMPUS
STUDENT
HOUSING
FACILITIESNONCAMPUS

PUBLICPROPERTY

2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

1
0

2
0

2
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

51

YEAR

ON-CAMPUS PROPERTY

ON-CAMPUS STUDENT
HOUSING
FACILITIESNONCAMPUS

PUBLICPROPERTY

CATEGORY OF BIAS FOR CRIMES REPORTEDRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGIN

2023 Hate
CrimesMurder / Non-Negligent Manslaughter
Rape

Fondling

IncestStatutory Rape

Robbery

Aggravated Assault

BurglaryMotor Vehicle Theft

Arson*

Simple Assault

2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023
2021
2022
2023

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

52

YEAR

ON-CAMPUS STUDENT
HOUSING
FACILITIESON-CAMPUS PROPERTYNONCAMPUS

PUBLICPROPERTY

CATEGORY OF BIAS FOR CRIMES REPORTEDRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGIN

2023 Hate
Crimes (cont.)

Larceny — Theft

Intimidation
Destruction /Damage / Vandalismof Property

2021
2022
2023
2021
2022
2023
2021
2022
2023

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02023 VAWA Offenses
Domestic Violence

Dating Violence

Stalking

2023 Arrests
Weapons: Carrying, Possession, Etc.

Drug Abuse Violations

Liquor Law Violations

YEAR

ON-CAMPUS
PROPERTY

ON-CAMPUS
STUDENT
HOUSING
FACILITIESNONCAMPUS

PUBLICPROPERTY

2021
2022
2023
2021
2022
2023
2021
2022
2023

0
1

0
1

0
0

0
0

1
0

1
0

0
0

0
1

0
0

0
0

0
0

0
0

YEAR

ON-CAMPUS
PROPERTY

ON-CAMPUS
STUDENT
HOUSING
FACILITIESNONCAMPUS

PUBLICPROPERTY

2021
2022
2023
2021
2022
2023
2021
2022
2023

0
0

0
0

0
0

0
0

6
0

6
0

0
0

0
0

0
0

0
0

0
0

0
0

53

2023 Disciplinary
Actions
Weapons: Carrying, Possession, Etc.

Drug Abuse Violations

Liquor Law Violations

YEAR

ON-CAMPUS
PROPERTY

ON-CAMPUS
STUDENT
HOUSING
FACILITIESNONCAMPUS

PUBLICPROPERTY

2021
2022
2023
2021
2022
2023
2021
2022
2023

0
0

0
0

0
1

0
0

19
15

19
6

0
6

0
0

32
20

32
20

0
1

1
0

RATES FOR HATE CRIMES

hot pots, hot air popcorn poppers, microwave ovens (no more than 800
watts), etc. Appliances with an exposed element or that use oil are notpermitted with the exception of a toaster. Only small appliances are allowed
in residence halls. Full-size or apartment-sized refrigerators, freezers, orsimilar items are prohibited. Refrigerators should not exceed 5.0 cubic feet.

The Clery Act requires institution to separately report all Hate Crimes statistics on any of the previously mentioned offenses or any other crime involving bodily injury reported to local police agencies or to a campus security
authority, that manifests evidence that the victim was intentionally selected
because of the perpetrator’s bias or the perpetrator perceived the person
to be in one of the protected group categories. There are six types of bias
categories: Race, Gender, Religion, Sexual Orientation, Ethnicity/National
Origin, and Disability.

DECORATING AND ROOM PERSONALIZATION
Residents are encouraged to decorate their rooms to express their individuality and personalize their living space with plants, pictures, curtains,
and the like. When decorating, remember that you are responsible for yourroom and all damages that may occur because of decorations. All decorations should reflect the University’s Christian heritage, should not containoffensive or degrading representations, and fall within safety regulations.
Below are guidelines to follow when decorating your room. If in doubt, ask aresidence hall staff member before you decorate.

There were no reported hate crimes for the years 2021, 2022, 2023. Ottawa
University does not have any on-campus student housing or non-campus
property at the Brookfield location.
*The Higher Education Amendments of 1998 made some major changes to
the Campus Securities Act of 1990. Some of these changes include: adding manslaughter and arson to the list of crimes that colleges must report
each year; requiring colleges to keep statistics on violent crimes directed at
individuals because of race, gender, religion, ethnicity, sexual orientation, or
disability; defining further areas that colleges are responsible for when reporting campus crime; allowing colleges to release public information on any
student who has admitted or been found guilty of committing a violent crime
or a non-violent sexual offense and any sanction imposed by the institution;
and allowing colleges to inform the parents or legal guardians of students under 21 who have violated laws on the use or possession of alcohol or drugs.

Not Permitted:

The figures provided in this report are based on the reporting requirementsof the Department of Education. The Clery Act sets forth how crimes perpetrated by students of the institution are tracked (both on and off campus)
and reported to various constituencies including students and employees ofthe educational institution.

•

Painting and/or loft construction.

•

Pornographic and alcohol posters.

•

Alcohol beverage bottles, cans, and containers (either full or empty).

•

Posters placed on the inside of doors.

•

Elevating floors.

•

Additional wiring for electrical equipment or lighting effects.

•

Construction and decoration that obstructs a 90-degree swing of theroom entrance door.

•

FIRE SAFETY REPORTFire Safety

heating/cooling unit.

Ottawa University believes that fire safety and education is an importantcomponent to our residence life program. Each year, new and returning
students are educated by professional and paraprofessional staff members
on evacuation procedures, location of fire extinguishers, and the importanceof self-reporting any potential problems with smoke detectors as well as nottampering with these devices.
Fire Reporting
Any instances of fire should be immediately reported to 9-1-1. For nonemergent fires, please contact the Campus Security at 785-229-1075 or
the Office of Student Life.

•

Furniture obstructing full view of room from entrance door.

•

Furniture from lounges or lobbies.

•

Lights/lamps using halogen bulbs.

•

Candles, incense or other incendiary items.

•

Foam-backed carpet and rugs and adhesives on the floor.

• Subwoofers or electric amplifiers.
The University has the right to remove any items that are judged to be objectionable and/or a safety concern.

APPLIANCE POLICY
Only cooking appliances with self-contained heating units may be used in
student rooms. Such appliances include automatic-shut off coffee makers,

Construction and decoration that obstructs the air circulation of the54Extension Cords

Fire Hazards

Single multiple wall socket outlet adapters (commonly called octopus outlets) are prohibited. If additional outlets are needed in a room, residents areto use a power strip bar (14 gauge or less) with a circuit breaker. Additional
wiring and extension cord use and/or tampering with or altering any electrical outlets, lighting fixtures or light switches is prohibited.

No materials, liquid or otherwise, of an explosive or combustible natureshall be kept on the premises. Open flame devices, including open heatingcoils, space heaters, candles, and/or incense are also fire hazards and areprohibited. If you have a candle that you utilize with candle warmer, the wickmust be removed and/or show no signs of being burnt.

Fire Alarms and Fire Safety

Firearms, Fireworks and Weapons

Fire drills will be conducted in the residence halls at least once each semester. When the fire alarms sound in the residence halls, residents and theirguests must immediately exit the building. All students are expected to cooperate and leave the building when a fire alarm sounds. Students remaining in the building or trying to enter the building while the alarm is sounding
or before the “all clear” is given will be referred to a Conduct Administrator.

In the interests of health and safety, fireworks, ammunition, combustible
liquids, and explosives of any kind are prohibited in the halls. Possessionof firearms or other weapons, including large knives, paintball guns, pellet guns, and/or martial arts weapons are also prohibited in the halls, incampus buildings, campus parking lots, or any other location owned and/or
operated by Ottawa University.

Tampering with, covering or otherwise impeding the normal functioning ofexisting fire safety equipment including sensors, detectors, extinguishers, or
sprinklers is prohibited and will result in referral for a conduct violation andpotential monetary fines. Moreover, persons causing false alarms, tampering with fire safety equipment, or interfering with lawful efforts of firefighters
are subject to prosecution pursuant to ASR 13-2907.

Health and Safety Inspections
For Residents’ well-being and protection, the Department of Residence Life
will be conducting Health and Safety Inspections, a walk-through of common areas and individual rooms to identify and address any health, safety,
sanitation or maintenance issues that may be present, once a month. The
University has the right to enter a resident’s room to thoroughly inspect therooms, its furnishings and/or student’s personal possessions for sanitation
purposes, to notate or to perform repairs and/or maintenance, and lastly to
document violations of University policies.

ON-CAMPUS STUDENT HOUSING FACILITIESFire Safety
Systems

FIRE ALARM
MONITORING
ON-SITE/LOCAL
FIRE DEPT.

FULL
SPRINKLERSYSTEM

X
X
X

X
X
X

SMOKE
DETECTION

FIRE
EXTINGUISHER
DEVICESEVACUATION
PLANS/PLACARDSNUMBER OF
EVACUATIONDRILLS EACH
YR.

X
X
X

X
X
X

X
X
X

2
2
2

FACILITIESScholar HallThe Communities on Greenway
Veritas Hall

ON-CAMPUS STUDENT HOUSING FACILITIES

2023 Fire Statistics
Scholars HallThe Communities on Greenway
Veritas Hall

55

YEAR

FIRES

INJURIES

DEATHS

2021
2022
2023
2021
2022
2023
2023

0
0
0
0
0
0
0

0
0
0
0
0
0
0

0
0
0
0
0
0
0

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